Alternative Dispute Resolution

Decision

Burr Road Operating Company II, LLC v. New England Health Care Employees Union, District 1199

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Connecticut has a clear, well defined and dominant public policy of protecting patients in facilities, including skilled nursing home facilities, from abuse, and this policy includes the prompt reporting of any incident of suspected abuse.

Decision

AFSCME, Council 4, Local 2663 v. Department of Children and Families

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As explained in the 2010 Appellate Court case of Teamsters Local Union No. 677 v. Board of Education, "as long as the arbitrator is even arguably construing or applying the contract and acting within the scope of authority, the award must be enforced."

Decision

Department Of Transportation v. White Oak Corporation

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The 2008 Connecticut Supreme Court held in Department of Transportation v. White Oak Corporation that "whether an arbitration is barred by the doctrine of sovereign immunity pursuant to Connecticut General Statutes §4-61(a) is a matter for the courts, not for the arbitrators, to decide."

Decision

Subway International v. Bletas

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Res judicata may not constitute a defense to confirmation of an arbitration award, if a previous arbitration involved a separate franchise agreement that, pursuant to the terms of the contract, could not have been arbitrated at the same time.

Decision

Town of Stratford v. American Federation of State, County and Municipal Employees, Council 15, Local 407

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There is a well-defined public policy in Connecticut against police officers intentionally lying in connection with their employment.

Decision

EA Independent Franchisee Association LLC v. Edible Arrangements International Inc.

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To prevail on a motion to arbitrate, a movant must prove that the parties agreed to arbitrate and that the scope of the arbitration clause covers the parties' dispute.

Decision

Schnabel v. Trilegiant Corp. & Affinion Inc.

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An offer to arbitrate must make clear to a reasonable consumer that terms can be adopted, if the consumer engages in conduct that indicates acceptance.

Decision

First Merchants Group Limited Partnership v. Fordham

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The trial court?s decision denying summary judgment and finding that genuine issues of material fact existed regarding whether an arbitration award was final, and, therefore, whether the arbitrator still had jurisdiction, foreclosed the possibility of remanding any issues to the arbitrator until the court considered the evidence on the merits of the action.

Decision

Daoud v. Cook

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It is well established that an arbitration award, once confirmed by a court, has the finality of a judgment.

Decision

Chalikonda Enterprises, Inc. v. Northpoint Computer Systems, LLC

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Connecticut General Statutes §52-420(b) provides that "[n]o motion to vacate, modify or correct an award may be made after 30 days from the notice of the award to the party to the arbitration who makes the motion."