“A Dealmaker’s Distinctive Approach to Resolving Dollar Disputes and Other Commercial Conflicts” James C. Freund, former Skadden, Arps M&A transactional attorney turned mediator, is the author of the engagingly written and interesting new book Anatomy of a Mediation (Practising Law Institute 2012). Mr. Freund’s “anatomy” is a clinical tour, by a very wise guide, […]
L.A. Law: Top-Notch Law Firm Claimed Delayed Discovery Of Arbitration Agreement, But Court of Appeal Wasn’t Buying It Snippets of the trial court record selected by the Court of Appeal can be very telling. Here, the trial court, troubled by defendants’ claim of delayed discovery of an arbitration agreement, observed: “I guess one of […]
As A Result, Tenant Who Wants To Arbitrate Can’t California Code of Civ. Proc. section 1953(a) provides, “Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: . . . […]
Requirement to Mediate, Found in One Document, Applies to Integrated Transaction With Several Documents The teaching of Darton v. Park Vasona Gas, Inc., Case No. H037499 (6th Dist. Feb. 14, 2013) (Premo, Acting. P.J., author 3:0) (unpublished) is straightforward: if mediating is a pre-condition to collect attorney fees, one should seek to mediate before […]
Decision Reversing Trial Court’s Findings of Unconscionability and Non-Arbitrability of Tort Claims is Very Fact Specific – But Ruling On Tort Claims Is Worth Noting Bigler v. The Harker School, Case No. H037450 (6th Dist. February 6, 2013) (Elia, J., author 3:0) (published) is a reminder judicial determinations of unconscionability and arbitrability are often […]
District Court Could Decide Whether Nonsignatory Could Compel Arbitration Toyota has been enmeshed in arbitration concerning the ABS braking system of its 2010 Prius. In Kramer v. Toyota Motor Corporation, et al., Case No. 12-55050 (9th Cir. January 1, 2013) (Quist, D. J., author 3-0) (published), owners of 2010 Priuses, parties to arbitration agreements […]
Concepcion Looms Large, As Court Summons “Large Animal” and “Tanker of Ink”Images For The Case — And Its Wake The issue in Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist. Div. 3 January 29, 2013) (Bedsworth, J., author 3-0) (unpublished), was whether the customer of a cell phone carrier could state damage […]