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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Hunt v. Moore Brothers
Citation:
861 F.3d 655 (2017)Facts
James Hunt worked as an independent truck driver in Nebraska and signed an Independent Contractor Operating Agreement with Moore Brothers in 2010, which was renewed in 2013. The agreement contained an arbitration clause stating that disputes would be submitted to “final and binding arbitration before any arbitrator mutually agreed upon by both parties.” When the relationship between Hunt and Moore deteriorated, Hunt hired attorney Jana Yocum Rine, who filed a federal lawsuit with multiple claims including peonage, RICO violations, antitrust violations, and state law claims. Moore moved to compel arbitration. When the parties failed to agree on an arbitrator, Rine argued that this rendered the arbitration clause unenforceable as an “agreement to agree” under Nebraska law. The district court rejected this argument, compelled arbitration, and sanctioned Rine under 28 U.S.C. § 1927 for $7,427 in attorney’s fees.
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