It’s Possible To Recover Post-Arbitration Fees, Without Being A Prevailing Party In the Arbitration This dispute, concerning the sale of a house, has been knocking around in the courts and in arbitration for several years. Toal v. Tardif, G044823 (4th Dist. Div. 3 March 29, 2012) (Ikola, J.) (not to be published). The […]
Inland Empire Dustup Presented Unique Procedural Issue – But The Court Didn’t Resolve It The Court of Appeals noted at the outside that “we have not found a case that involves the same procedural facts as those presented here, namely, a case in which a party to an ongoing contractual arbitration files a […]
No Single Test Delineates Conduct That Will Constitute A Waiver Above: Mercedes-Benz U.S. International Plant, Tuscaloosa County, Alabama. Carol Highsmith, photographer. Library of Congress. Remember the test for waiver that we learned in law school? “Voluntary relinquishment of a known right.” Well, that’s not the requirement for waiver of the right to […]
CompuCredit Corporation v. Greenwood Upholds Right To Arbitrate Credit Repair Organizations Act Claims. Pursuant to the Opinion of the Supreme Court in CompuCredit Corp. v. Greenwood, 565 U.S. ___, 132 S.Ct. 665 (2012), the Ninth Circuit today vacated the district court’s decision denying defendants’ motion co compel arbitration. Greenwood v. CompuCredit Corp., No. […]
Order Compelling A Reference And Staying Proceedings Does Not Put Plaintiffs "Out Of Court", And Therefore Is Not Final And Appealable The Ninth Circuit tells us the issue considered in this case is one "of first impression." That issue is "whether an order compelling enforcement of a contractual agreement to submit a dispute […]
Extend 10-Day Period In Evidence Code section 1125(a)(5) It is common for a mediator to “follow-up” after a mediation session has been completed, to see if more remains to be done, or if a settlement is being implemented successfully. Are the communications confidential? Yes, not a problem – if the parties agreed to […]
Big File the next story with the late Senator Everett Dirksen’s quip, "A million here, a billion there, pretty soon, you’re talking real money". On March 22, 2012, Reuters reported, “JPMorgan Chase quietly paid $384 million [$373.3M plus interest] to American Century Investment Management after losing an arbitration over accusations of breaches […]
You know that this one must have been a real kerfuffle, because the Court of Appeal quotes the arbitrator: “Lots of fiercely fought and expensive litigation followed, including this arbitration.” Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor v. Rotondo, B221056 & B223528 (2nd Dist. Div. 7 March 22, 2012) (Woods, Acting P.J.) […]
Perennial Issue: Can Nonsignatories To Arbitration Agreement Compel Arbitration? An investment advisor and related defendants petitioned to arbitrate claims brought by an investor’s successor in interest. The successor (John) alleged that the accounts of his deceased mother had been “churned” to improperly generate commissions. The trial court denied the petition brought by the […]
In One Case, Arbitration Presented Possibility Of Inconsistent Rulings, And In The Other Case, Arbitration Of Indemnification Claim Was Beyond The Scope Of The Agreement To Arbitrate The following scenario reminds me of cases I have litigated – and arbitrated. Buyer discovers water intrusion in home she buys, and sues Developer and later […]