Given its decision requiring arbitration, the Court did not rule on the franchisor’s argument that the franchisee had waived its right to litigate the fraudulent inducement claim by its prayer for relief in the complaint. The Court noted the specific “delegation” language of the franchise agreement referring “all disputes arising out of or relating to the Agreement… shall be settled by binding arbitration,” and cited federal case law with nearly identical “delegation” provisions, to sustain the holding that the fraudulent inducement argument had been effectively delegated to the arbitrator. The Court looked to the federal common law to determine the arbitrability of the dispute, specifically noting the principles that 1) under federal law, the arbitrator decides contract validity issues, and 2) fraudulent inducement is a contract validity issue. The Business Court rejected the franchisee’s argument that, under Tennessee law, the fraudulent inducement claim was not “subject to arbitration” and therefore the FAA specification would be ineffective to control the result. The franchisor asserted, correctly, that under the FAA, the fraudulent inducement claim would be resolved by the arbitrator. The franchisee asserted, correctly, that, under Tennessee law, the fraudulent inducement issues would be resolved by the Court. Before the Business Court, the parties agreed that all disputes, except the claim of the agreement’s fraudulent inducement, had to be arbitrated. The franchise agreement provided a choice of law provision that Tennessee law would apply to the governance and construction of the agreement and that “he Federal Arbitration Act shall govern all matters subject to arbitration.” The agreement also contained a provision for use of Commercial Arbitration Rules of the American Arbitration Association, all pursuant to the Federal Arbitration Act. 16-0553-BC, decided January 5, 2017, stayed litigation and compelled arbitration of the disputes arising under the parties’ franchise agreement, including the franchisee’s claim that the agreement by it was fraudulently induced. Snow totals exceeding one foot were observed from central North Carolina and Virginia, stretching into the Northeast.The Tennessee Business Court, in For Senior Help, LLC v. Over 3 inches of snow, which is unusual but not unprecedented, was observed in parts of northern Louisiana, Alabama, Mississippi and Georgia with over six inches of snow in parts of Arkansas, Tennessee and Kentucky. The last big storm to impact the South hit on the 17 th and 18 th with heavy snow stretching from Louisiana to New England. In the South, sleet and freezing rain impacted Arkansas, Mississippi and Tennessee. Another winter storm moved through parts of the South into the Northeast on January 12 th and 13 th, bringing over 6 inches of snow, in addition to ice, across the Ohio Valley into the Northeast. Snowfall totals were much greater across the Northeast with well over one foot of snow in parts of New England. Savannah, Georgia received 1.2 inches of snow, the most since December 1989. Snow fell as far south as Tallahassee, Florida. A low pressure system moved across the South and then up the East Coast. The most potent of the events impacted the East on January 3 rd through 5 th. Some locations in the South saw the largest snowfall totals in nearly three decades. had snow on the ground - the Sierra Nevada and Cascade Mountains, the Northern and Central Rockies, parts of the Northern Plains, Upper Midwest and Northeast.Ĥ Jan Satellite View of Savannah, GA snowĭuring the month, several large winter storms impacted the eastern United States bringing snow to every state east of the Rockies. By the end of the month, 25.8 percent of the U.S. An active storm pattern mid-month brought the snow cover to 53.7 percent on the 18 th, the monthly peak.
had snow on the ground - the high elevations in the Northwest, much of the Central and Northern Rockies stretching into the adjacent Plains, Midwest and Northeast. According to NOAA's National Snow Analysis, on January 1st, 41.9 percent of the contiguous U.S. The warm and dry conditions in much of the West limited snow totals for many locations, except for the Northwest and Northern Rockies. Above-average precipitation was observed in the Northwest, Central Plains and Northeast. Most of the nation experienced near- to below-average precipitation during January with parts of the Southwest, Great Plains and Southeast being much drier than average. In addition to the cold, several storms brought snow to parts of the Deep South. This resulted in many states from the Southern Plains to Midwest and Southeast having monthly temperatures below average. Several cold air outbreaks impacted the East, especially early in the month. During January, above-average temperatures were observed across much of the West.
0 kommentar(er)
