Articles Posted in Arbitration

IIn the matter of HCW, et al v HCW et al, the NC Court of Appeals has ruled that the taking of a deposition (utilization of discovery) in a matter where the legal dispute can be arbitrated works as a waiver of the arbitration process. The HCW opinion “As a result, North Carolina’s waiver-related jurisprudence…

Finally! After about 7 years of multiple protracted litigation on three separate cases, the United States Court of Appeals for the 4th Circuit has established in the matter of E.M.A. v. CANSLER, that Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) is the law of North Carolina and that the NC Supreme Court…

I frequently serve as an arbitration panel member for Uninsured (UM) and Underinsured Cases (UIM) in NC. Our standard UIM & UM policy says that if the claimant opts for arbitration instead of jury trial, then they get arbitration. This is a supremely efficient use of time and probably saves the state of North Carolina MILLIONS…

We’ve had a great decision published by our North Carolina Court of Appeals which finally clarifies the issue of prejudgment interest on Underinsured and Uninsured Motorist Arbitrations in North Carolina. The gist of the problem was that the while the Uniform Arbitration Act provides that arbitration Awards can be reduced to judgments and filed as…