Justia Utah Supreme Court Opinion Summaries
Articles Posted in Arbitration & Mediation
Osguthorpe v. Wolf Mountain Resorts, L.C.
At issue in this case were two agreements: a ground lease agreement between ASC Utah, Inc. (ASCU) and Wolf Mountain Resorts, and a specifically planned area (SPA) development agreement, which had thirty-six signatories, including ASCU, Wolf Mountain, the D.A. Osguthorpe Family Partnership (Osguthorpe). ASCU and Wolf Mountain began litigating claims involving both the ground lease and the SPA agreement. Shortly thereafter, Osguthorpe sued ASCU and Wolf Mountain, alleging that each party had breached a land-lease agreement distinct from the ground lease or the SPA agreement. The district court consolidated Osguthorpe's separate actions into ASCU's litigation. Osguthorpe later moved to compel arbitration on all the claims related to the SPA agreement, including the claims between ASCU and Wolf Mountain, to which Osguthrope was not a party. The district court denied Osguthrope's motion. Osguthrope withdrew its SPA claims from the case, leaving for appeal only Osguthrope's motion to compel arbitration of the SPA claims between ASCU and Wolf Mountain. The Supreme Court affirmed, holding (1) the disputes for which Osguthrope sought to compel arbitration were not subject to the SPA agreement's arbitration provision; and (2) furthermore, as a non-party to the disputes, Osguthrope had no contractual right to compel their arbitration. View "Osguthorpe v. Wolf Mountain Resorts, L.C." on Justia Law
Utah Transit Auth. v. Local 382 of Amalgamated Transit Union
This case arose out of collective bargaining negotiations between the Utah Transit Authority (UTA) and Local 382 of the Amalgamated Transit Union (Union). Those negotiations came to a standstill in 2009 when the parties entered into arbitration and litigation to resolve their disputes. The district court granted UTA's partial motion for summary judgment in the ensuing litigation, and the Union appealed. Before the matter could be addressed on appeal, however, the arbitrator entered a binding ruling largely in favor of the Union. With this ruling in hand, the parties once again entered into negotiations and successfully hammered out a new collective bargaining agreement. The Supreme Court dismissed the Union's appeal because the dispute had been resolved and the case was moot. View "Utah Transit Auth. v. Local 382 of Amalgamated Transit Union" on Justia Law
WestGate Resorts, Ltd. v. Adel
This appeal was rooted in a dispute over an arbitration award. Each party had selected an arbitrator, and a third neutral arbitrator was selected by the two party-appointed arbitrators. Appellee argued that the award should be vacated because one of the party-appointed arbitrators did not disclose that he was first cousins with one of the shareholders in the opposing counsel's law firm. The district court granted Appellee's motion to vacate arbitration award. The Supreme Court reversed, holding (1) under section 129 of the Utah Uniform Arbitration Act (UUAA), there is no appeal of right from a district court order denying confirmation of an arbitration award, vacating the award, and directing a rehearing; (2) party-appointed arbitrators are held to the disclosure standards of the UUAA and not the standards that apply to neutral arbitrators; and (3) the UUAA does not support vacatur in this case, as (i) under subsection 113(4) of the UUAA, the failure to disclose a relationship can support vacatur only if it also meets one of the provisions outlined in subsection 124(1)(b) of the UUAA; and (ii) none of those provisions was shown in this case. View "WestGate Resorts, Ltd. v. Adel" on Justia Law
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Arbitration & Mediation, Utah Supreme Court