Arbitration, Law, and Equity Our next case reminds me of a hoary legal story. Clarence Darrow handles a legal matter for William Randolph Hearst, and telegrams him: “Justice has prevailed.” Hearst’s reply: “Appeal immediately!” Appealing an arbitration result is often a long shot, because arbitration is more geared to equity and finality than […]
Main Problem is One-Sidedness of Arbitration Provision Compton v. Superior Court, Case No. BC448343 (2nd Dist. Div. 8 March 19, 2013) (published) starkly presents the conflicting views of judges confronted with deciding whether an employment arbitration provision is unconscionable. Leasa Compton appealed the order granting her former employer, American Management Services’s (AMS’s) petition […]
Arbitration Clause Did Create Unilateral Right To Compel Arbitration, And There Was No Precedent To Compel Mediation Members of an LLC ended up in a business dispute leading to a lawsuit followed by defendants’ motion to compel mediation and arbitration. The trial court construed an arbitration agreement as insufficient to allow one party to […]
The Inconsistent Rulings Could Have Resulted In Inconsistent Remedies – A Practical Consideration “The court, in a thorny litigation matter over technology licensing and investment fraud, denied a motion to compel arbitration of the issues arising under a cross-complaint. It held that there was an apparent risk of conflicting rulings between an arbitration […]
The Case Argued On February 27 Is American Express Company v. Italian Colors Restaurant On November 20, 2012, I posted about American Express Company v. Italian Colors Restaurant, the case now before the Supreme Court in which merchants have challenged American Express’s practice requiring them to accept its credit cards as a condition to […]