Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability Rizzio v. Surpass Senior Living LLC, No. CV-20-0058-PR (August 17, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV2...
Compulsory Arbitration Appeal—Sanctions Apodaca v. Keeling, __Ariz. Adv. Rep.__, No. 1 CA-CV 18-0416 (App. Div. I, March 19, 2019) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2019/CV%2018-0416.pdf WHERE A SINGLE COMPLAINT IS BROUGHT IN A SINGLE LAWSUIT COURT MUST EVALUATE WHE...
The federal government has passed a new rule barring arbitration clauses for any nursing homes that accept federal funding. Though this rule is likely to be challenged in court, this is a huge victory for nursing home patients and their families. Companies in all industries have taken advantage ...
Klesla v. Wittenberg, 745 Ariz. Adv. Rep. 14 (App. Div. I, August 18, 2016) (J. Thompson) ARBITRATOR LACKS JURISDICTION TO ISSUE “SUPPLEMENTAL ARBITRATION AWARD” (TO ADD FEES) AFTER DEADLINE TO APPEAL AWARD HAS RUN In this compulsory arbitration involving a landlord/tenant dispute the arbitra...
Southwest Barricades v. Traffic Mgmt, Inc., 740 Ariz. Adv. Rep. 5 (App. Div. I, June 9, 2016) (J. Gemmill) COMPULSORY ARBITRATION AWARD IS NOT SELF-EXECUTING JUDGMENT—PARTY MUST ASK SUPERIOR COURT TO ENTER FINAL JUDGMENT BEFORE SEEKING RULE 60 (c) RELIEF Plaintiff sued for breach of contract ...
Arbitration is a form of what's called alternate dispute resolution (ADR), or a method to resolve a dispute outside of the courts. In an arbitration, the two parties involved in a dispute will present their cases to an arbitrator or panel of arbitrators, and the arbitrator or panel will then rend...
