Legal Opinion

Carrico v. Empire Today, L.L.C.

Fairfax County Circuit Court

Decided June 8, 2010No. Case No. CL-2009-18075PublishedCited by 1 opinion

1Opinion of the Court

By Judge Jonathan C. Thacher

This matter comes to the Court on Defendant’s Motion to Stay and Compel Arbitration. After considering the pleadings, oral argument, and relevant legal authority, the Court denies the motion.

Background

Plaintiffs Kerry and Emily Carrico purchased flooring from Defendant Empire Today, L.L.C. (“Empire Today”). Empire Today installed flooring in the Carricos’ home. The installation contract contains the following arbitration clause (“Arbitration Clause”):

Arbitration of Disputes: Contractor and Buyer(s) agree that any and all disputes, claims or controversies…

2Cases cited9 opinions

  1. Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
  2. Maxum Foundations, Inc. v. Salus Corp.Court of Appeals for the Fourth Circuit · 1985
  3. E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
  4. Compel Arbitration Between S & R Co. of Kingston v. Latona Trucking, Inc.Court of Appeals for the Second Circuit · 1998
  5. May v. MartinSupreme Court of Virginia · 1964

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3Cited by1 opinion

  1. Integrity Auto Specialists, Inc. v. MeyerChesapeake County Circuit Court · 2011

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