Newly Released Decisions
Queen-Gilbertson v. U.S. Auto Sales, Inc., No. 23-CV-03331-DCC (D.S.C. June 20, 2024)
Court granted defendants’ motion to compel arbitration, denied motion to dismiss, and denied motions for protective order and to stay discovery as moot. Court concluded that arbitration agreement was valid and enforceable and that delegation clause provided that issues of arbitrability would be decided by arbitration.
Ghazizadeh v. Coursera, Inc., No. 23-CV-05646-EJD (N.D. Cal. June 20, 2024)
Court granted defendant’s motion to compel arbitration and stay pending arbitration. Court concluded that an arbitration agreement was formed where plaintiff manifested assent to the website’s terms of use on a sign-up screen, the terms of use contained a provision indicating that continued use signaled assent to updated terms, and website provided sufficient notice of the updated terms of use containing the arbitration agreement in an email.
Williams v. Wallace Finance, LLC, No. 24-CV-00662-D (N.D. Tex. June 18, 2024)
Court granted defendant’s motion to compel arbitration and stay the proceedings pending arbitration. Court found that defendant did not waive its right to arbitrate and further found that the agreement to arbitrate was valid where plaintiff failed to reject the agreement as warranted under the agreement.
Risen Energy Co. v. Focus Futura Holding Participacoes S.A., No. 23-CV-10993-LGS
Court denied petitioner’s motion to vacate arbitration award and granted respondent’s motion to confirm.
Jonna v. Bitcoin Latinum, No. 22-CV-10208-LJM-JJCG (E.D. Mich. June 17, 2024)
Court denied defendants’ motion to compel arbitration and stay proceedings where plaintiffs did not read or sign the arbitration agreement, nor could plaintiffs assent to the agreement be inferred from conduct. Court further found that the issue of arbitrability could not be delegated to an arbitrator where no valid arbitration agreement existed and that, even if an agreement existed, defendants waived their right to enforce arbitration by engaging extensively in litigation.
Gate Gourmet Korea Co. v. Asiana Airlines, Inc., No. 24-CV-01265-RGK-PD (C.D. Cal. June 17, 2024)
Court granted petitioner’s motion to enforce the parties’ arbitration award and rejected respondent’s arguments against enforcement where these issues had already been resolved in favor of petitioner by Korean courts. Court converted award to USD using the exchange rates effective on the date of the award.
Hunter v. Azentio Software Private Ltd., No. 24-CV-03728-LJL (S.D.N.Y. June 14, 2024)
Court entered judgment in favor of petitioners who sought confirmation of arbitration award, for the award amount less credit for respondent’s partial payment towards satisfaction of the award.
Alghanim v. Alghanim, No. 23-CV-10196-MWF-JDE (C.D. Cal. May 8, 2024)
Court granted petitioner’s motion for attorney fees and costs incurred in the process of seeking confirmation of the foreign arbitration award.