Wilczewski v. Charter West National Bank

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Wilczewski v. Charter West National Bank

Case Number
S-15-1051
Call Date
September 2, 2016
Court Number
Douglas
Case Summary

A-15-1051 Michael J. Wilczewski and Michelle A. Wilczewski (Appellants) v. Charter West National Bank

Douglas County, Judge W. Russell Bowie, III

Attorneys; John Stalnaker, Ashley A. Buhrman (Stalnaker Becker & Buresh PC) (Appellants) --- Jeffrey A. Silver (Appellee)

Civil: Arbitration; Fraudulent misrepresentation, negligent misrepresentation, fraud and quantum meruit/unjust enrichment

Proceedings below: Charter West filed a Motion to Compel Arbitration pursuant to a purchase agreement between the parties. The court denied the motion and Charter West appealed. The Nebraska Supreme Court dismissed the appeal as not being a final order. See Wilczewski v. Charter West National Bank, 290 Neb. 721 (2015). Thereafter, the court held a hearing on whether the Appellants' claims were subject to arbitration. The district court found the claims in the complaint were subject to arbitration under the Federal Arbitration Act and ordered the case to arbitration. The Appellants filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: l. The Court erred in finding that the Arbitration Clause applied to the instant matter. 2. The Court erred in not allowing Appellants a full opportunity for discovery on the issue of arbitrability. 3. The Court erred in finding that the Nebraska Uniform Arbitration Act is preempted by the Federal Arbitration Act. 4. The Court erred in dismissing the instant litigation instead of staying the matter pending arbitration.