Foreclosure Actions and Construction Liens Arising from an Arbitrable Payment Dispute Are Also Arbitrable

 

A Virgin Islands federal district court has held that payment disputes arising out of a construction contract containing an arbitration agreement are arbitrable, rendering disputes regarding foreclosure actions and liens arising out of the payment dispute arbitrable as well.
 

 

A Tennessee appellate court vacated an order denying a motion to compel arbitration, noting that the trial court erred in determining that a nursing home resident's wife did not have authority to execute a nursing home arbitration agreement on the resident's behalf.

 

In Cabany v. Mayfield Rehabilitation and Special Care Center, No. M2006-00594-COA-R3-CV, 2007 WL 3445550 (Tenn. Ct. App. Nov. 15, 2007), Thomas Cabany, Jr. (Thomas) executed a power of attorney designating his wife, Janie Cabany (Janie) as his agent or attorney-in-fact. The agreement stated that it only went into effect when Thomas was not able to make decisions for himself and that his physician and agent would decide when he had reached that point.

 

A California state appeals court affirmed the confirmation of an arbitration award, despite challenges for procurement by fraud and arbitrator misconduct, where the arbitration record clearly indicated that the award could be sustained on other independent contractual grounds.

In Ray v. Cingular Wireless, LLC, No. B195981, 2007 WL 4100136 (Cal. Ct. App. Nov. 19, 2007), Ray entered into an agreement with AT&T Wireless to sell cellular service in two Central California counties. Ray also entered into an agreement with All American, an AT&T Wireless distributor, to sell cellular services in Los Angeles County. Later, LA Tel acquired All American, and Cingular acquired AT&T Wireless.