Legal Opinion

Piano v. Premier Distributing Co.

New Mexico Court of Appeals

Decided December 20, 2004No. 23,907PublishedCited by 47 opinions

1Opinion of the Court

OPINION

VIGIL, J.

{1} Defendant appeals from a district court order denying its Motion to Compel Arbitration or, in the Alternative, to Dismiss arguing that an Employee Acknowledgment and Agreement (Arbitration Agreement) signed by Plaintiff requires her claims to be submitted to arbitration. We hold that the Arbitration Agreement is illusory and otherwise not supported by consideration. As a result, Plaintiff is not contractually bound to submit her claims to arbitration. We therefore affirm the district court.

BACKGROUND

{2} On October 21, 1986, Plaintiff commenced employment with Defendant,…

2Cases cited16 opinions

  1. Teresita J. Dumais v. American Golf Corporation, Doing Business as Paradise Hills Golf Club, a Foreign Corporation and William WinklerCourt of Appeals for the Tenth Circuit · 2002
  2. Meiboom v. WatsonNew Mexico Supreme Court · 2000
  3. Santa Fe Technologies, Inc. v. Argus Networks, Inc.New Mexico Court of Appeals · 2001
  4. Diversey Corp. v. Chem-Source Corp.New Mexico Court of Appeals · 1998
  5. Padilla v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2003

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3Cited by47 opinions

  1. Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
  2. Soto v. STATE INDUSTRIAL PRODUCTS, INC.Court of Appeals for the First Circuit · 2011
  3. State v. GranvilleNew Mexico Court of Appeals · 2006
  4. State v. GranvilleNew Mexico Court of Appeals · 2006
  5. Marciano v. DCH Auto GroupDistrict Court, S.D. New York · 2014

42 more not listed; retrieve them via the Exa API.

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