Court of Appeal Also Rejects Public Policy Argument Put Forward By County for Vacating Arbitrator’s Award The County of Riverside terminated the Respondent, Ms. Matheson, a network administrator, for allegedly accessing email of the District Attorney’s Office without authorization. Pursuant to the procedure agreed to between the County and Ms. Matheson’s labor union, […]
Elder Abuse of Parent and Emotional Distress of Daughter Set Up Possibility of Conflicting Rulings The trial court denied motions of operators of skilled care nursing facilities to compel arbitration of parent’s Elder Abuse claim that was subject to arbitration. Why? Because the daughter’s claim of emotional distress caused by her mother’s alleged […]
First Stockton, Now Mammoth Lakes On March 11, 2012, we blogged about Stockton’s fiscal plight and effort to take advantage of a new California law, AB 506, to mediate with its creditors. The law positions bankruptcy as a last resort, after the municipality has exhausted other means for working out it financial problems. […]
California Assembly Bill 2025 Would Allow Introduction of Mediation Communications Between Attorneys and Their Clients in Actions For Malpractice or Breach of Fiduciary Duty California Assembly Member Don Wagner introduced Assembly Bill 2025 to amend California Evidence Code section 1120 to allow: “The admissibility in an action for legal malpractice, an action for breach […]
But Chief Judge Alex Kozinski “Wants No Part Of It” An en banc panel of the Ninth Circuit Court of Appeals, believing that the parties should attempt to settle their long-running dispute concerning the conditions for holding gun shows at the Alameda County fairgrounds, has ordered the dispute to mediation. Nordyke v. King, No. […]
No Need To Decide Whether Concepcion Overrules Gentry Here – Because "This Is Not A Close Case" These proceedings began in 2004 when Ralphs Grocery Company employees sued Ralphs for alleged violations of the Labor Code and Unfair Competition law. The proceedings moved up and down the appellate ladder. Eventually, after a remand, […]
Corporate Counsel Article Points Out That There Is A Split Among The Federal Circuits In an April 2, 2012 article in Corporate Counsel online, entitled “In Arbitration, a Right to an Automatic Stay Pending Appeal?”, authors Elbert Lin and J. Andrew Law point out that there is a split among the federal circuits. The […]