Recent Arbitration Cases
News August 2012
David Driscoll, Kenneth Morris, and Jeff Rose and their local Illinois counsel secure an order compelling arbitration from the Cook County, Illinois Circuit Court in a complex multi-party case involving claims exceeding $1.7 million. The case involves claims of fraud and violation of the Illinois consumer protection act by a corporation and four individual defendants not party to the arbitration agreement. Relying heavily on Garlin Driscoll Rose’s briefs, the Court found that federal law preempts state law in areas critical to the motion and that the Federal Arbitration Act requires the plaintiff to arbitrate all claims against all defendants.
The American Arbitration Association appoints David Driscoll to a panel of three arbitrators to hear and decide a complex contract dispute involving Colorado and California telecommunications service providers.
On behalf of their client, a California real estate salesman, David Driscoll and Ken Morris obtain an order from the Pueblo County District Court staying all proceedings and compelling mediation and arbitration of breach of contract and negligence claims brought by a Colorado corporation arising from the sale of a Holiday Inn Express hotel in Alamosa, Colorado.
David Driscoll successfully defended Dex One. in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract. The claimant sought approximately $34,000 in damages from David’s client, and David’s client sought $3,966.55 in damages from the claimant. The arbitrator awarded the claimant $0, and awarded David’s client all of its claimed damages, as well as its fees for the arbitrator.
David Driscoll and Ken Morris represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction. After a four-day arbitration in May, 2011, the arbitrator awarded David and Ken’s client $300,000 on his claim for fraudulent nondisclosure. The opposing party never made a pre-award settlement offer. The arbitrator also awarded David and Ken’s client its attorney fees and costs.
David Driscoll serves as arbitrator in an American Arbitration Associate crop damage case brought by a Flagler, Colorado, farmer against the farm’s crop insurance carrier.
David Driscoll defended a firm client in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract. Eight witnesses testified and over one hundred exhibits were received in evidence. The claimant sought approximately $48,000 in damages from David’s client and David’s client sought $12,719.51 in damages from the claimant. The arbitrator awarded the claimant $0 and awarded $12,119.51 plus costs to David’s client.
September 2007 through November 2009
David Driscoll and Sarah Croog represented Qwest Communications International Inc. and Qwest Communications Corp. (“Qwest”) in an 11-day arbitration hearing in Denver in 2007 involving multi-million dollar claims of breach of contract and misappropriation of trade secrets against Qwest and required testimony from 16 witnesses. Plaintiff’s final settlement offer before the arbitration hearing was for more than $5 million. The arbitrator awarded $0. The U. S. District Court, District of Colorado, affirmed the arbitrator’s decision. (DMA Int’l v. Qwest Comm. Int’l, 2008 WL 4216261.) In its November 2009 published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator’s decision and awarded attorney’s fees to Qwest in connection with the appeals. (585 F.3d 1341, 10th Cir., Nov. 4, 2009).