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Contract – Arbitration – Waiver After Litigation
Deborah Elkins//January 27, 2009//
The 4th Circuit says a defendant modular home contractor waived its right to compel arbitration of a buyer’s warranty claims because the contractor waited until the eve of trial, after two years of pretrial motions and a jury verdict against it in another case, but on the same warranty and in the same court, to assert the arbitration clause.
Forrester v. Penn Lyon Homes Inc. (USCA) (VLW 009-2-024) (7 pp.)
Verdicts & Settlements
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
- Motor Vehicle Negligence – Triathlete suffered fractures after being struck by pickup truck
- Medical Malpractice- Nursing facility patient died after falling, suffering head injury
- Motor Vehicle Negligence – Sales manager sustained multiple injuires in Virginia Beach collision
- Products Liability – Workplace accident results in amputation at the wrist
- Motor Vehicle Negligence – Railroad worker injured in collision with tractor-trailer
Opinion Digests
- Banks and banking – Bank defeats customer’s conversion claim
- Prisons – Inmate’s lack-of-exercise claim was wrongly dismissed
- Criminal – Gang members convicted on multiple charges
- Employment – District court wrongly dismissed casino employee’s FMLA/USERRA suit
- Tort- Government contractor liable for abuses at Abu Ghraib
- Negligence – Claims narrowed in trucking accident
- Employment – Retaliation claim against Freddie Mac is dismissed
- Civil Practice – Rule 12(b)(6) motion can’t be granted simply because its unopposed
- Municipal – Lynchburg registrar’s attack on adverse jury verdict fails
- Bankruptcy – Chapter 11 petition stays asbestos-exposure lawsuits
- Criminal – Evidence supports conviction for possession of a firearm by a felon
- Consumer Protection – Default judgment entered against auto dealership
