S-25-0644 Christopher Mathiesen (Appellant) v. First Interstate Bank, Lewis Soto, Tyler Mullowney, and Michael LaPointe, (Appellees).
Appeal from the District Court for Douglas County, Judge Derek R. Vaughn
Attorneys: Christopher Mathiesen (Self-represented Appellant) and Lindsay K. Lundholm (Baird Holm LLP for Appellees)
Civil: Arbitration
Proceedings Below: Appellant was a customer at First Interstate Bank, and he sued the bank. The bank filed a motion to enforce an arbitration clause under the terms and conditions of the deposit agreement, which the district court granted. On appeal, Appellant petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and transferred this case to its docket.
Issues: Appellant assigns the following errors: 1) The trial court abused its discretion by compelling arbitration in defiance of Congress’ deliberate exclusion of arbitration from suspicious activity reports under 31 CFR § 1020 and Nebraska’s specific exclusion of personal torts from arbitration, Neb. Rev. Stat. § 25-2602.01(f)(1); 2) The trial court abused its discretion by not recognizing that false reports with no underlying legal basis void the underlying contract; 3) The trial court abused its discretion and erred by compelling arbitration that cannot rescind as a remedy, leaving defamation to persist indefinitely; 4) The district court abused its discretion and erred by failing to acknowledge Rule 36 admissions that require no motion are automatic and binding; 5) The district court erred by failing to recognize Appellees waived arbitration through procedural default and late appearance; 6) The trial court abused its discretion and erred by not restoring the status quo; 7) The trial court erred as a matter of law by compelling arbitration of claims that are structurally incompatible with the First Amendment and the Due Process Clause of the Nebraska Constitution.