DALLAS - The Fifth Court of Appeals recently affirmed an arbitration award of more than half a million dollars against the English Law Group (ELG).
Court records show ELG’s appeal stems from a trial court’s final judgment confirming an arbitration award for appellees Medinet Investments.
According to the Fifth Court’s Jan. 4 opinion, Bobby Walker was injured at an apartment complex and initiated a premises liability suit, entering into a subrogation and distribution agreement with the law firm representing him, English & Associates, and A/RNet.
Under the agreement, A/RNet purchased invoices for medical services provided to Walker, and following any recovery in the personal injury suit, Walker promised to pay the amount of the invoices to A/RNet, the opinion states.
The agreement included an arbitration clause. On June 27, 2016, Medinet, as successor in interest to A/Rnet, sued English, ELG, and Walker. Medinet alleged that ELG was a business conduit of English.
Midinet asserted English and Walker breached their contract with Medinet and engaged in a fraudulent scheme to deprive it of funds it paid for accounts receivables by “misrepresenting critical information,” court documents state.
According to the opinion, on May 26, 2021, Medinet filed a motion to confirm its arbitration award against ELG. The trial court awarded $380,001.84 in actual damages, $125,000 in attorney’s fees, $17,318.31 in arbitration costs and $25,000 in sanctions.
In its first issues on appeal, ELG argued the trial court deprived it of a hearing on its counterclaims when it included finality language in its judgment confirming the arbitration award.
Medinet responded by arguing that ELG’s counterclaims were or could have been raised in arbitration but were precluded due to non-payment of fees, and the counterclaims were not pending before the trial court.
The Fifth Court agreed with Midinet.
“We affirm the trial court’s confirmation of the arbitration award but reverse and remand for the trial court to address Medinet’s unadjudicated claims in this memorandum opinion,” the opinion states.
No. 05-21-01041-CV