The predecessor judge, Judge Peter Adrien, bifurcated the reformation claim from the remaining claims asserted by BJA. During the bench trial, Judge Adrien heard evidence regarding the parties’ intent.....Ding Ding!
In its complaint, the Association alleged that AIMCO was improperly charging the Association’s condominium residents and their “permittees” for parking. The Association claimed this violated the Agreement and deprived them of the full enjoyment of their property, depreciated the value of the individualproperties, and otherwise injured their personal and property rights. According to the Association, when a resident or “permittee” (usually a guest) obtains a parking pass from AIMCO, AIMCO does not determine whether South Tower’s allocated spaces are available, but instead charges the resident or guest and retains the fee. The Association further alleged that after it began to dispute these charges, AIMCO retaliated by selectively enforcing the policies governing issuance of parking permits, and began aggressively exercising its right to tow unauthorized vehicles owned by South Tower residents and their permittees.Too bad so sad -- there's an arbitration agreement!
Because the parties intended to exempt equitable claims from arbitration, and the complaint only seeks equitable relief, all of the claims may be resolved by the trial court without requiring resolution by arbitration.Nice call by Judge Butchko!
The trial pitting Miami Heat star Dwyane Wade against two former business partners who wanted $25 million after a restaurant deal went sour has come to a quick end, with the sides announcing a confidential settlement.I've often wondered why cases like this settle only after the huge expenditure of time and money involved in getting the case ready for trial. (BTW, I'm not talking about cases where the insurance company needs to have it tried before putting any money on the table).Court was delayed for unexplained reasons for nearly three hours Tuesday. All parties, including Wade, walked into the courtroom at 2:02 p.m., and the settlement was announced eight minutes later.
Judge Peter Adrien also said the sides worked out deals on other cases, which could include another trial that was scheduled in Miami brought by some of the ex-restaurant partners alleging Wade walked away from an agreement to license his name to for charter schools, and an antitrust suit over potential sales of memorabilia.
