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Re: Cases used to get out of CAS arbitration
Posted by SC on 2/07/07

    Have your attorney check out these cases, which homeowners are using to some
    success to get out of arbitration with CAS due to bias:

    Newcomb Construction Co Inc vs. Kalscheur Landscaping Inc, Dane County Case
    Number 2005CV001718 (Wis. Circuit Court)

    Burch v. District Court, 49 P.3d 647 (Nev. 2002).

    GLG Enterprises v. Patrick J. Daly, 21st Judicial District Court for the Parish
    of Tangipahoa, Division E (Louisiana) Case # 2005-0002711

    D. R. Horton, Inc. v. Green, 120 Nev. Adv. Op. 63, 96 P.3d 1159 (Nev. 2004)

    And, don't let Toll tell you you can't have a lawyer in arbitration. You NEED
    one just as you would in court. Just because you're not required to have a
    lawyer in either court or arbitration doesn't mean you shouldn't have one. Good
    luck, I hope you get out of it. Builders are desperate to hang onto down
    payments and earnest money more than ever now, since many are posting huge
    losses and can't unload their piles of shoddy junk so easily anymore.


    On 1/30/07, Worried Homeowner wrote:
    > I'm about to use CAS to mediate (binding arbitration) a dispute over a new
    > contruction between Toll Brothers Builder and my family. Toll Brothers decided
    > to keep my earnest money a wapping $43,000.00 by claiming that we're in
    > default of the contract. They have CAS as the designated arbitrator and the
    > Americam Arbitrator Association as a second choice in case CAS does not settle
    > the problem. Someone please help me here. Can Toll brother just decide to get
    > our money just like that? And how partial and non-builder-bias is the AAA?

     
     

 
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