News & Analysis as of

Motion to Compel Third-Party Beneficiaries

Bradley Arant Boult Cummings LLP

South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause

The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a...more

Carlton Fields

Non-signatory Third-Party Cannot Enforce Arbitration Clause In Contract

Carlton Fields on

SBS is a staffing company that provides personnel to various retail services, such as SPAR. SBS engaged Paradise Hogan (“Hogan”) and assigned Hogan to SPAR. Hogan and SBS entered into an Independent Contractor Master...more

Carlton Fields

Ninth Circuit Finds That Party Was A Third-Party Beneficiary Of Arbitration Agreement, And Affirms Order Compelling Arbitration Of...

Carlton Fields on

Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more

Carlton Fields

Texas High Court Declines To Enforce Compel Arbitration Against Non-Signatory

Carlton Fields on

In a recent dispute involving a crop insurance policy, the Texas Supreme Court held that an independent insurance agency could not compel arbitration of certain claims brought against it in state court by an insured (JJ...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Application of Arbitration Agreement to Non-signatory

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the plaintiff sued UBS for mismanagement of his deceased mother's estate. The plaintiff challenged the validity of the arbitration agreement arguing that...more

Burr & Forman

TN Trust Code Authorizes Pre-Dispute Arbitration Agreement: Not Per Se Breach of Duty, but May Not Bind Non-Signatory Beneficiary

Burr & Forman on

The Tennessee Supreme Court recently held that Tennessee’s Trust Code and broad trust-instruments authorize a Trustee’s execution of a pre-dispute arbitration clause. That isn’t a per se breach of fiduciary duty, but the...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Arbitration Clause's Application to Non-Signatory

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving a Plaintiff's suit against a broker-dealer involving his deceased mother's IRA account. Although Plaintiff was a non-signatory to the IRA account...more

Carlton Fields

Tenth Circuit Affirms Denial Of Motion To Compel Arbitration As To The Claims Of Non-Signatory Plaintiffs

Carlton Fields on

A buyer of a manufactured home sued the manufacturer, seller and lender in connection with toxic mold that was found in the home’s water system. The underlying retail installment contract contained an arbitration agreement...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Compelling Non-Signatories to Arbitrate Disputes

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a widow and one-time named beneficiary of her husband's IRA account acquired the account assets after her husband's death, although she was not...more

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