William Plyler | January 6, 2010
The North Carolina Court of Appeals held yesterday that a homeowners’ association cannot be compelled to arbitrate its claim against Georgia-Pacific Corporation for defective wood trim products used in the construction of townhomes. Harbour Point Homeowners’ Assciation, Inc. et al v. DJF Enterprises, Inc. et al (NC COA09-527, filed January 5, 2010), rejected Georgia-Pacific’s contention [...]
Category: Arbitration, Court Opinions |
No Comments »
Tags: Arbitration, arbitration agreement, construed against drafter, mandatory arbitration, permissive arbitration
William Plyler | September 1, 2009
Duke University will face a jury, rather than an arbitration panel, in a defamation lawsuit brought by the school’s former lacrosse coach, Michael J. Presslar. The decision of the N.C. Court of Appeals, Presslar v. Duke University and Burgess ( No. COA08-859, filed September 1, 2009), affirms the trial court’s denial of Duke’s motion to [...]
Category: Arbitration, Court Opinions, Defamation |
No Comments »
Tags: arbitration agreement, Duke lacrosse case, Duke University, mutual release, Presslar