California Mediation and Arbitration

Month: December 2017

Federal Arbitration Act, Consumers, Arbitration: First Amendment Challenge To Arbitration Clause Fails In Ninth Circuit

December 13, 2017 · Arbitration: Consumers, Arbitration: Federal Arbitration Act

Does The Federal Arbitration Act Implicate "State Action"?           "No" is the short answer.  However, read on if you want to know about the novel argument made by consumer plaintiffs in Roberts v. AT&T Mobility, No. 16-16915 (9th Cir.  12/11/17) (Tallman, Hawkins, Fletcher).         In Roberts, AT&T moved to compel arbitration against putative […]

Arbitration, Construction of Agreement, International, FAA: Arbitration Agreement Not Signed By Parties Was Unenforceable, Based On Placement Of Comma

December 6, 2017 · Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, Arbitration: International

This Case Is For Grammar Afficionados; Or, What A Difference A Comma Makes.        Only and exclusive photo of the Vestris as it went down.  Fred Hansen, photographer, active 1928.  Library of Congress.            Mr. Yang, a seaman, died when the fishing vessel he worked on sank because of inadequate repairs and […]

Arbitration, Enforceability/Construction Of Agreement: Parties Agreeing To Arbitrate Under Rules Set By Third Party Is Bound By Rule Change That Product Liability Claims Will Not Be Heard

December 4, 2017 · Arbitration: Construction of Agreement, Arbitration: Enforceability

Defendant Seeking To Compel Arbitration Had Argued That Claim To Be Submitted To Arbitration Accrued Before Rule Changed.         This case presents a somewhat unusual situation, in that the Court of Appeal had to construe an arbitration agreement that was not directly between the parties.  Instead, the parties independently agreed to participate in an […]

Settlement Agreements: Party Seeking To Invoke CCP 664 To Enforce Settlement Did Not Preserve Court’s Jurisdiction Simply By Putting The Request In A Confidential Settlement Agreement

December 4, 2017 · Settlement Agreements

If You Want The Court To Retain Jurisdiction, Ask The Court.      "This case offers an object lesson on the requirements to invoke section 664.6 and the consequences of failure to comply with those requirements."  Sayta v. Chu, A148823 (1/5  11/29/17) (Bruiniers, Jones, Simons).     Plaintiff/Apppellant Sayta settled a tenant dispute with the […]

Arbitration/Collective Bargaining/Administrative: Cal Supreme Court Holds That Compulsory Interest Arbitration In Private Sector Is Constitutional

December 3, 2017 · Arbitration: Administrative, Arbitration: Collective Bargaining

Compulsory Interest Arbitration Withstands Challenges That It Is Unconstitutional And An Improper Delegation Of Legislative Authority.         In 2002, California enacted  "Mandatory Mediation and Conciliation"  (MMC) provisions to facilitate negotiating and completing collective bargaining agreements between agricultural employees and growers.  As the label MMC suggests, it is an unusual scheme, since "mandatory" and "mediation" […]

PAGA: Second District, Div. 4 Holds Plaintiffs’ Arbitration Clause Is Unenforceable Predispute Clause Where Lawsuit With PAGA Claim Was Filed By Other Employees

December 3, 2017 · Arbitration: PAGA

When Is An Agreement To Arbitrate A PAGA Claim Predispute Or Postdispute?         Let me begin with what I believe is the punchline of our next case:  "[T]he classification of an agreement as 'predispute' or 'post dispute' must be made by reference to the point at which an individual employee acquires the status of […]