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Contracts

JEFFREY MANAS v. TIME PAYMENT CORPORATION

Contracts — Amount in controversy — Jurisdiction of circuit court This appeal arises from a dispute between Jeffrey Manas (“Manas”), appellant, and Time Payment Corporation (“Time Payment”), appellee, over Time Payment’s attempt to collect lease payments from Manas. Time Payment ...

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AMERICAN POOL, LLC v. BRUCE HOLMES, ET AL.

Contracts — Breach — Default judgment Appellant, American Pool, LLC (“American Pool”), employed appellee, Bruce Holmes, as a regional manager of its commercial and residential pool construction, repair, servicing, and maintenance business. American Pool and Holmes entered into a written ...

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SAMAR GHADRY v. PENSON FINANCIAL SERVICES, INC.

Contracts -- Arbitration clause -- Enforceability Samar Ghadry, appellant, hired Martin Angeli to sell her more than a million-and-a-half shares of stock in Paradigm Holdings, Inc. At his direction, she subsequently opened an account with appellee, Penson Financial Services, Inc., a “clearing corporation,”1 to facilitate the sale. To open that account, Ghadry was required to sign a “Customer Account Agreement,” the front page of which was e-mailed to her for her signature. It stated in bold capital letters directly above the signature line: “BY SIGNING BELOW, THE UNDERSIGNED AGREES TO ALL TERMS OF THE CUSTOMER AGREEMENT PRINED ON THIS SIDE AND THE REVERSE OF THIS DOCUMENT. . . .” It further advised, also in bold capital letters, that “THE REVERSE SIDE OF THIS AGREEMENT, PARAGRAPH 8, CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE.” But that e-mailed front page, understandably, had no reverse side with printed terms, and it was not purportedly provided to her at the time she was sent the front page of the agreement. After Angeli—who did not work for Penson—unlawfully and without Ghadry’s knowledge retained a fifth of the proceeds of what was more than a three-million-dollar stock sale, by misrepresenting the amount of the money received from that sale, Ghadry brought an action, in the Circuit Court for Montgomery County, alleging thirteen counts against him, Penson, and several others, whom she believed were indirectly or individually responsible for her monetary loss. Penson responded by moving to enforce the arbitration clause and to stay the action. While conceding that she did, in fact, sign the front page of the agreement, which referred to the arbitration clause, Ghadry opposed that motion, contending that she never received the reverse side of that page, which contained the arbitration clause, and therefore was not bound by it to submit her claims against Penson to arbitration. The circuit court ultimately granted Penson’s motion to compel arbitration and stayed the action pending the outcome of that arbitration. Then, after a panel of arbitrators “denied” Ghadry’s claim against Penson “in its entirety,” Ghadry filed an appeal from the order of the circuit court compelling arbitration.

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