Justices affirm attorney fees award in domestic arbitration
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
Arbitration
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Terzo: Arbitration is viable alternative in family law disputes
It wasn’t until the 1990s that arbitration began to be seriously considered for family law cases. At that time there was no statute specifically directed to family law arbitration, and Indiana had no caselaw regarding family law arbitration. Our current statute, I.C. 34-57-5-1, et seq, was enacted in 2005. It answered many of the questions attorneys had.
Litigant misses trial court’s SHOUTING
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
Judges reverse order that man pay ex-wife $95,000 in attorney fees
The Indiana Court of Appeals ruled Wednesday that the arbitrator in a contentious divorce proceeding erred when she ordered the husband to pay $95,000 in attorney fees to his ex-wife.
Steak n Shake can’t force arbitration with disgruntled franchisees
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
Court erred in denying nursing home’s motion to compel arbitration
A trial court incorrectly concluded that an arbitration agreement contained in a nursing home’s facility admission agreement was ambiguous because the parties bound by the agreement are not clearly named, the Indiana Court of Appeals held Tuesday.
Indiana appeals $62.8 million tobacco settlement reduction
The state is appealing an arbitration panel ruling from September that reduced by $62.8 million the amount due from tobacco companies to offset Indiana’s health costs associated with treating sick smokers and tobacco users.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
Judges rule on contractor dispute over new FBI headquarters
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
COA: Parties must arbitrate dispute over insurance coverage
The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.
COA orders court to determine whether driver fired for just cause
The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
Badger: Using arbitration clauses to reduce potential liability risk
In the first part of this column, I outlined the advantages and disadvantages of arbitration as an alternative to litigation in court and concluded that neither arbitration nor litigation is preferable in all situations. This second part provides more specific suggestions on when to use arbitration in certain high-risk, “bet-the-company” situations.
Badger: To arbitrate or litigate, that is the question
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
AG: State Fair stage collapse victim payments completed
Victims of the 2011 Indiana State Fair stage collapse soon will receive a supplemental and final disbursement of money allocated for victims of the tragedy that killed seven people and injured scores more.
Justices affirm denial of claim arising after arbitration
A claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed, the Indiana Supreme Court ruled Tuesday.
Judges order dispute be arbitrated
A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.
IU McKinney dean named to Court of Arbitration for Sport
Indiana University Robert H. McKinney School of Law Dean Gary R. Roberts has been appointed to the Court of Arbitration for Sport (CAS). CAS is independent of any sports organization and provides services to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to specific sports.
COA: arbitration provision null and void
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.