Posted In: Litigation and Real Estate
RE&C in Review and Business Litigation Advisory: Eighth District Finds Oral Hearing Unnecessary Before Compelling Arbitration
By Teresa G. Santin on May 3, 2021
On April 8, 2021, the Eighth District Court of Appeals affirmed a trial court decision denying a motion to compel arbitration and/or stay the matter pending arbitration. AJZ's Hauling, L.L.C. v. TruNorth Warranty Program of N. Am., 8th Dist. Cuyahoga No. 109632, 2021-Ohio-1190. Appellant contended that the trial court erred when it (1) determined that res judicata did not apply; (2) failed to hold a hearing prior to making its decision; and (3) found the arbitration provision at issue both procedurally and substantively unconscionable....
Posted In: Litigation and Real Estate
RE&C In Review & Litigation Advisory Blog: Can Arbitration Clauses Apply Retroactively?
By Teresa G. Santin on December 10, 2020
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law....
Posted In: Real Estate
Ten Essential Ways to Protect Yourself During a Construction Project
on August 25, 2016
Construction projects, and by extension, construction disputes can be high stakes endeavors. At every step of the way, you have an opportunity to protect yourself, advance your case, or gain leverage over the other side. This is the case not only in litigation, but if you are in a dispute situation outside of court, or even if you are trying to negotiate a resolution to something in a situation that is not otherwise contentious....