Month: June 2016

Arbitration, Vacatur, Continuances, Disclosures: Fifth District Holds Trial Court Properly Confirmed Arbitration Award, Notwithstanding Arbitrator’s Denial Of Postponement And Refusal To Disqualify Himself

June 13, 2016 · Arbitration: Continuances, Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur

Arbitrator Made Disclosures “In Abundance of Caution.” One basis for vacating an arbitration award is when the arbitrator’s denial of a postponement results in substantial prejudice. Another basis for vacating an award is when the arbitrator is obligated to disqualify himself and fails to do so. In McElvany, Inc. v. Hassan Ahmadi et […]

Miscellaneous: Slightly Unhinged

June 6, 2016 · Miscellaneous

Brodeur v. Atlas Entertainment, Inc. Makes For Entertaining Reading. Sometimes I stumble across a case having nothing to do with the subject of this blog, yet I feel compelled to share. “The principal issue in this case is whether a statement made by a ‘slightly unhinged’ character in a motion picture, American Hustle (Columbia […]

Arbitration, Construction, Scope: Arbitration Agreement Governing “Any Controversy Arising Out Of” Operating Agreement Did Not Cover Malpractice, Breach Of Fiduciary Duty, And Rescission

June 5, 2016 · Arbitration: Construction of Agreement, Arbitration: Scope

Second District, Division One Provides In-Depth Discussion Of Whether Arbitration Clause Is Broad Or Narrow. An issue that comes up repeatedly is whether an arbitration clause is broad enough to encompass tort claims. Our next case, certified for publication, is worth reading because it offers an in-depth analysis of how to determine the scope […]

Arbitration, Construction Of Agreement: Construing Agreement Between Two Communications Companies To Allow Arbitration, Ninth Circuit Avoids Gnarly Statutory Construction

June 5, 2016 · Arbitration: Administrative, Arbitration: Construction of Agreement, Arbitration: Scope

Course Of Conduct By The Parties Weighed Heavily In Construing Their Conduct. North County Communications of Arizona v. Qwest Corporation, No. 14-35254 (9th Cir. May 31, 2016) (Scannlain, Silverman, Bea) involves two communications carriers, North County and Qwest, in a messy billing dispute, construction of their “interconnection agreement” (ICA), and the panel’s skillful avoidance […]

Arbitration, Authentication, Burden Of Proof: Defendants/Appellants Sufficiently Established Existence Of Agreement To Arbitrate By Authenticating Electronic Signature

June 1, 2016 · Arbitration: Authentication, Arbitration: Burden of Proof

Because Defendant Introduced Key Evidence In Supplemental Declaration, Rather Than In Moving Papers, Court Had To Address The Burden Of Proof. Yes, it happens. Sometimes, a published case deserving a post escapes my net. However, Espejo v. Southern California Permanente Medical Group, (2nd Dist. Div. 4 2016) (Collins, Epstein, Willhite), though filed back on […]

Arbitration, Deadlines, Vacatur, Jurisdiction: Request To Vacate Award Made More Than 100 Days After Service Of Award Is Too Late, And Defective Service Of Award Is Not Jurisdictional

June 1, 2016 · Arbitration: Deadlines, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

Court of Appeal Distinguishes Between Service For Purposes Of Notice And Service For Purposes Of Jurisdiction. Claimants appealed a judgment entered after the trial court granted the petition of insurer GEICO to confirm an award in its favor in an uninsured motorist case where there were questions about coverage. GEICO General Ins. Co. v. […]