ADR CASES
U.S. 4th Circuit, May 16, 2008
U.S. ex rel Wilson v. Kellogg Brown & Root, Inc., No. 07-1516
In a qui tam action brought under the False Claims Act, denial of a motion for leave to file an amended complaint and a decision to stay employment claims pending arbitration are affirmed where: 1) a form submitted to the government does not meet the requirements of an objective falsehood under the FCA since it is based on the interpretation of a contract clause; 2) there was no fraudulent inducement since the form submitted to the government was not key in inducing the government to award work to defendant; 3) a third amended complaint failed to plead with the particularity required by the Federal Rules of Civil Procedure; 4) relator's claims of retaliatory termination fell within the arbitration clause of their employment contract; 5) the FCA allows for arbitration of termination claims; and 6) the arbitration agreements were enforceable under Texas law.
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Supreme Court of Texas, May 16, 2008
In re Citigroup Global Markets, Inc., No. 06-0886
In a suit over losses attributed to relators' research reports, petition for mandamus relief from a ruling finding that relators had waived arbitration is conditionally granted where relators did not expressly or impliedly waived their rights to arbitration by transferring their case from state to federal court.
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California Appellate Districts, May 20, 2008
Devonwood Condominium Owners Ass'n v. Farmers Ins. Condominium Owners Ass'n, No. A116302
In a fire insurance policy coverage dispute concerning the effects of an appraisal award issued by an appraisal panel pursuant to the policy's provisions, judgment in favor of insured is vacated and remanded where the lower court's judgment did not conform to the appraisal award upon which it was based, in violation of Code of Civil Procedure section 1287.4.
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