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.
Arbitration
Articles
Court rules arbitration provision null and void
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
Mediation firm champions comfort
The Mediation Option’s attorneys say the laid-back atmosphere in the office distinguishes them from other mediators in Indiana.
Justice-turned-mediator: ADR does work
When he was on the bench, former Indiana Supreme Court Justice Ted Boehm read a lot about alternative dispute resolution, and now that he’s off the bench, he can see firsthand that it truly does work.
Appellate court affirms arbitration on claims against college
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
Appeals court warns parties against no-response strategy
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
COA: Trust not bound by ISTA employment arbitration clause
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
COA extends judicial immunity to arbitrators
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
Parties can’t pick certain provisions to enforce
The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.