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‘Blunder’: Litigant Compels Arbitration, Then Seeks to Vacate $5.5M Award

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Convenience Store Chain Demands Arbitration, Now Seeks Vacatur of $5.5M Award | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/06/12/blunder-litigant-compels-arbitration-then-seeks-to-vacate-5-5m-award/

The E-Z Mart convenience store in Garden Ridge where Pollyanna Smotherman was killed. Credit: Google.

“GPM’s ‘strategic move’—blunder—is one of bad faith and is designed to force the Smotherman family to incur more costs and delay,” the Ferguson Law motion for plaintiffs states.

June 12, 2024 at 03:21 PM

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What You Need to Know

  • GPM Investments, a national convenience store chain, forced the family of a killed employee to arbitration, but now seeks to vacate a $5.5M award in court.
  • GPM’s arbitration clause requires any motion to enforce or vacate be heard in Dallas federal court.
  • However, GPM filed its motion to vacate in a state district court in a different federal district.

GPM Investments LLC, the sixth largest convenience store chain, compelled the family of an employee murdered in a branch store to arbitration, but now wants to vacate the $5.54 million award.

GPM, after forcing the family to have its lawsuit removed to arbitration, wrongfully filed a motion to vacate the award in a state district court, the family’s attorneys stated in a motion to confirm the award.

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