Contract Disputes, Non-Signatories

Will Recorded Covenants Hold and Remain Binding on Successors in Title to Real Property? A Pivotal Certified Question Heads to the...

Lowndes on 4/18/2024

Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more

Court Confirms Arbitration Award Against Non-Signatory Intervening Party in Arbitration

Carlton Fields on 9/5/2023

Paychex Inc. had entered into an agreement to provide a company, Dan-Gulf Shipping Inc., with payroll-related services. The agreement contained an arbitration clause governed by the rules of the American Arbitration...more

Oregon Federal Court Holds Nonsignatory Owners Are Not Subject to Arbitration Provision

Lathrop GPM on 3/9/2023

In a case involving an unorthodox procedural posture, a federal court in Oregon determined that nonsignatory franchisee owners are not subject to a franchise agreement arbitration provision. Goergen v. Black Rock Coffee B.,...more

Attorney Fee Recovery by Third Parties Dragged into Commercial Lease Disputes

Patton Sullivan Brodehl LLP on 11/1/2021

Commercial leases often contain attorney fee provisions allowing a party who prevails in litigation to recover attorney fees from the losing party. Can those attorney fee provisions apply to third parties — outsiders to...more

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on 7/21/2020

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

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

Carlton Fields on 2/21/2019

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

Arbitration’s Diamond in the Rough: Lessons from the Dichele Superior Court Ruling

Robinson & Cole LLP on 3/3/2015

In construction law, contracts are at the heart of our business; contracts between: owners and architects; owners and general contractors; contractors and subcontractors; and subcontractors and sub-subcontractors....more

California’s “Third Party Litigation Exception” Not Preempted By The FAA

Carlton Fields on 1/22/2015

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

Fourth Circuit Affirms Order Dismissing Case To Permit Arbitration Against Non-Signatory To Arbitration Agreement

Carlton Fields on 1/2/2015

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court’s dismissal of the case pending arbitration against a non-signatory to the arbitration agreement on two...more

Contract Disputes › Non-Signatories

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