J
jlw100
Guest
What is the name of your state? Delaware & Maryland
I had sued a contractor for doing a lousy job, and not honoring their warranty. After a almost a year, and much b.s. the case was finally arbitrated and my judgment recorded in Delaware. It took another 6 months to collect.
Now the contractor is suing me for libel in the District Court of Maryland. The arbitration award states "All other claims and counterclaims in this proceeding-including without limitation any and all claims and counterclaims for defamation, libel, slander, and any other claimed torts are DENIED WITH PREJUDICE."
Also, the Delaware Uniform Arbitration Act states that once an arbitration has been completed a judgment can be recorded immediately, and there are no appeals.
I believe the contractor is ignoring the arbitrator's decision, and circumventing Delaware law by filing in Maryland. Can I have the case dismissed for a) lack of jurisdiction (since the matter had already been adjudicated in Delaware, plus I live in Delaware & the contract was executed at the contractor's Dealware location) and/or b) showing that the arbitrator's decision clearly prohibits this kind of suit?
Basically throughout the case I stuck to the facts, and did not commit libel or slander the same could not be said for the contractor. One example was when we had a sheriff's sale, the company owner called the police to state that my husband was beating up his salesclerk. When the police arrived, they spoke to my husband and the sheriff's office personnel & realized that this man was lying! The only reason we did not sue them for libel/slander was because the Arbitrator's decision clearly stated that we could not.
I had sued a contractor for doing a lousy job, and not honoring their warranty. After a almost a year, and much b.s. the case was finally arbitrated and my judgment recorded in Delaware. It took another 6 months to collect.
Now the contractor is suing me for libel in the District Court of Maryland. The arbitration award states "All other claims and counterclaims in this proceeding-including without limitation any and all claims and counterclaims for defamation, libel, slander, and any other claimed torts are DENIED WITH PREJUDICE."
Also, the Delaware Uniform Arbitration Act states that once an arbitration has been completed a judgment can be recorded immediately, and there are no appeals.
I believe the contractor is ignoring the arbitrator's decision, and circumventing Delaware law by filing in Maryland. Can I have the case dismissed for a) lack of jurisdiction (since the matter had already been adjudicated in Delaware, plus I live in Delaware & the contract was executed at the contractor's Dealware location) and/or b) showing that the arbitrator's decision clearly prohibits this kind of suit?
Basically throughout the case I stuck to the facts, and did not commit libel or slander the same could not be said for the contractor. One example was when we had a sheriff's sale, the company owner called the police to state that my husband was beating up his salesclerk. When the police arrived, they spoke to my husband and the sheriff's office personnel & realized that this man was lying! The only reason we did not sue them for libel/slander was because the Arbitrator's decision clearly stated that we could not.
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