Legal Opinion
Portfolio Recovery Associates, LLC v. Freeman
Court of Appeals of North Carolina
Decided October 18, 2011No. COA11-220PublishedCited by 1 opinion
1Opinion of the Court
STEELMAN, Judge.
Where defendant failed to contest the existence of the arbitration agreement prior to the arbitration hearing and within the time period allowed by federal law after the award, this issue is not properly before this Court. Where defendant failed to file a motion to vacate the arbitration award, the trial court correctly confirmed the award. Where defendant’s state law counterclaims did not. fall within those permitted under 9 U.C.S. §§ 10 and 11, they were properly dismissed by the trial court.
I. Factual and Procedural History
Richard E. Freeman (defendant) was the holder of a…
2Cases cited13 opinions
- Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
- Wilko v. SwanSupreme Court of the United States · 1953
- In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
- Florasynth, Inc. v. Alfred PickholzCourt of Appeals for the Second Circuit · 1984
- Ethyl Corporation v. United Steelworkers of America, Afl-Cio-Clc and Local No. 7441, United Steelworkers of America, Afl-Cio-ClcCourt of Appeals for the Seventh Circuit · 1985
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3Cited by1 opinion
- Linde Health Care Staffing, Inc. v. Claiborne County HospitalMississippi Supreme Court · 2016