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  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.

  • Suntrust Bank v. Jedon M. Lilliston et al.

    Publication Date: 2018-02-16
    Practice Area: Civil Procedure | Dispute Resolution
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Wylie Cranshaw, Simon Robert Malko (Morris, Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Brent J. Savage, Brent Jamieson Savage, Jr., Kathryn Hughes Pinckney (Savage Turner & Pinckney PC), Savannah, for appellee.
    Case Number: S17G0433

    The Court of Appeals erred in holding that a partys demand for arbitration in a renewal action may be deemed waived based on that partys conduct in the earlier, original litigation because a renewal suit is a de novo action and, thus, a partys conduct in the original action has no bearing on the question of waiver in the recommenced action.

  • Norton et al. v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Dispute Resolution | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Tyler Arnold (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A15A2268

    An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.

  • Waffle House, Inc. v. Pavesi

    Publication Date: 2017-10-18
    Practice Area: Dispute Resolution | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Ingram, Ryan Ingram, Leslie Neubauer (Moore, Ingram, Johnson & Steele), Marietta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips (Deitch & Rogers, LLC), Atlanta; Thomas Ashenden (Ashenden & Associates, P.C.), Atlanta; Laura Maki (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1281

    The trial court erred in denying employer's motion to compel arbitration of employee's tort claims arising after a co-worker injured him on the job, as the claims were within the scope of an arbitration agreement the employee signed.