Enforceable Delegation Provision Means The Buck Does Not Stop With Court, But Gets Passed To Arbitrator. Aanderud v. Superior Court (Vivint Solar Developer, LLC, Real Party In Interest), F073277 (5th Dist. 7/26/17) (Gomes, Hill, Meehan), is worth reading for its analysis of how a delegation provision is applied to a consumer arbitration, where the […]
Arbitration Agreement Included Alabama Choice Of Law Provision. Alabama State Flag. When former employees, who were hired as temporary claim adjusters, sued the insurance company that had hired them in a class action complaint alleging various employment violations, the California trial court agreed that the arbitration agreement was unconscionable. Analyzing the trial court's order under […]
You Don't Need A Weatherman . . . On July 19, 2017, Amy Howe posted in SCOTUSBlog that the Supreme Court has consolidated three arbitration cases for oral hearing on October 2 at the beginning of the new term: National Labor Relations Board v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst […]
In California, There Is No Universal Rule That Arbitrator Or Court Decides Whether A Class Action Can Be Arbitrated — It Depends On The Agreement. The United States Supreme Court has held that a party may not be compelled to submit to class arbitration unless there is an express contractual basis for concluding the […]
Under The Circumstances, The Mediator's Decision To Discuss The Mother's Move-Away Request Was "Understandable". In family law, disputes are often resolved through mediation. In Alkebulan v. Dunham, D069434 (4/1 7/20/17) (Benke, O'Rourke, Dato) (unpublished), father, who was unrepresented by counsel, felt blind-sided when mother raised the issue of a move-away order with their year-old […]
Nor Did District Court's Purported Use Of Twitter Account To Tweet U.S. Attorney's Announcement About Case Establish Appearance Of Impropriety. "A lone home looks stark amid the bare pine trees on a hillside above Pine Valley in Jefferson County, Colorado. The trees are lingering reminders, 14 years later (as of 2016) of the 'Hayman Fire,' […]
The Holding Fills A Gap In California Law. Los Angeles Unified School District v. Safety National Casualty Corporation, B275597 (2/8 7/12/17) (Grimes, Bigelow, Sortino) addresses a problem that can bedevil litigators when a party seeks to use California Code of Civil Procedure section 1281.2 to thwart arbitration. Section 1281.2 allows a court to deny a […]
Ninth Circuit Joins Second And First Circuits. In Portland General Electric Company v. Liberty Mutual Insurance Company, et al., No 16-35628 (9th Cir. 7/10/17) an opinion authored by Senior District Judge Jed S. Rakoff, the 9th Circuit joins the 2nd and 1st Circuits to conclude that "incorporation of the rules of the ICC [International […]