S-21-0086 Noah’s Ark Processors, LLC (Appellant) v. Unifirst Corporation
Douglas County District Court, Hon. Gregory M. Schatz
Attorneys: W. Patrick Betterman (W. Patrick Betterman, PC, LLO, for Appellant; Max Kelch, Attorney for Appellee
Civil: Contracts; Arbitration
Proceedings below: The district court determined that Appellant was estopped from denying that it was bound by the customer service agreement between Appellee and Nebraska Prime Group, LLC, including the arbitration provisions of that agreement. The district court dismissed Appellant’s complaint, lifted the stay on arbitration, and directed Appellant to participate in arbitration with Appellee and resolve its claims in such arbitration.
Issues on appeal: Whether district court erred 1) in failing to grant Appellant’s motion to alter or amend; 2) in dismissing Appellant’s complaint with prejudice, failing to determine the amount Appellant’s owed, if any, for all garments and other items, referring the entire dispute to arbitration, and otherwise denying the requested relief; 3) in ruling that Appellant was estopped from denying liability on the customer service agreement, and b) denying Appellant was bound by the arbitration provision under the doctrine of equitable estoppel, having accepted the benefit of the customer service agreement; 4) in deciding the issue whether Appellant was bound by the arbitration provision under the doctrine of equitable estoppel which was not pled and thus violated Appellant’s due process rights; 5) in failing to determine that the dispute between the parties was not within the scope of the arbitration provision and was not subject to arbitration; 6) in enforcing the customer service agreement and failing to find that Appellee waived its right to arbitration; and 7) in admitting into evidence over Appellant’s hearsay objections.