Month: August 2012

References and Privilege: Second District Division 7 Rules Special Reference Can’t Examine Documents Claimed To Be Privileged To Determine If They Are Privileged

August 15, 2012 · References

Allegedly Confidential Documents Can Only Be “Generally Described” To Determine If They Are Truly Privileged      Plaintiff Parness sued attorney Weiss and his law firm (acting as film production counsel) for alleged fraud arising out of the financing of the film Gospel Hill.  Plaintiff claimed production counsel made fraudulent representations the production company had good […]

Arbitration/Class Action/Waiver/Employment: 4th District Division 1 Endorses De-Gentrification But Concludes That Gentry v. Superior Court Is Stare Decisis In California – For Now

At Issue for Employers and Employees:  Classwide Arbitration or Individual Arbitration?      In an April 25, 2012 post, we said the rule in Gentry v. Superior Court, 42 Cal.4th 443 (2007), allowing for invalidation of a class arbitration waiver where nonwaivable statutory rights are at issue, manages to maintain a “toehold”.  We suggested Gentry, like […]

Arbitration/Employment/Enforceability/Standard of Review/Public Policy: Ninth Circuit Refuses to Vacate Arbitration Award Prohibiting Retired Football Player from Pursuing Workers’ Comp Claims Under California Law

  Football Player Bruce Matthews Did Not Allege Sufficient Contacts With California To Show Workers’ Comp Claim Came Within Scope of California’s Workers’ Comp Regime      Bruce Matthews, a former American college and professional football player, was an offensive lineman in the NFL for 19 seasons.  He played college football for  USC, was an All-American, […]

News: Mediation, Kofi Annan and Syria; Arbitration and the Olympics

August 3, 2012 · News

“Mission Impossible” Becomes Impossible for Mediator Kofi Annan      Rick Gladstone reported on August 2, 2012, in the New York Times, that former UN secretary general Kofi Annan, appointed to act as a special representative for the UN and the Arab League to negotiate a peace plan in Syria, has resigned, saying that President Bashar […]

Arbitration/Preemption/Standard of Review: Federal Arbitration Act Preempts Consumer Legal Remedies Act’s Prohibition Against Class-Action Waivers

  Fourth District, Division 3 Reverses Denial of Petition to Compel Arbitration and Remands to Consider Unconscionability Challenge      Plaintiff Caron, who experienced difficulties with her certified preowned Mercedes Benz, sued Mercedes Financial and Mission Imports for relief under the Consumer Legal Remedies Act (CRLA), the Automobile Sales Finance Act, and unfair competition law.  Defendants […]