arbitration

Court Finds Arbitration Clause Waived Due To Delay In Demanding Arbitration

Arbitration

CONTRACTUAL RIGHT TO ARBITRATION WAIVED BY DELAY AND PREJUDICE TO OPPOSING PARTY The Georgia Court of Appeals chipped away at the trend to submit cases to arbitration whenever possible in SunTrust Bank v. Lilliston, 338 Ga. App. 738, 791 S.E.2d 614 (2016),  According to the court of appeals, this was a case of first impression….

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Arbitration Clause Struck Down By Court of Appeals in Wrongful Death Claim

  If an arbitration agreement is present, courts rarely prevent parties from being required to arbitrate their disputes.  But the Court of Appeals did so in this case. In Norton v. United Health Services of Georgia, Inc., (No. A15A2268, Ga. App., March 2, 2016), the Georgia Court of Appeals examined whether an arbitration agreement was…

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Arbitration Clauses- Losing Your Constitutional Right to Trial By Jury

Arbitration

ARBITRATION CLAUSES The Seventh Amendment to the United States Constitution guarantees all citizens the right to trial by jury in suits at common law. Unfortunately the United States Supreme Court has been chipping away at this constitutional right over the past few years, depriving more and more people of their access to the judicial system. …

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