Court Chastises Plaintiff's Counsel And Neutral Arbitrator. The Court of Appeal expresses displeasure with "unfortunate conduct" by plaintiff's counsel and the neutral arbitrator. The conduct included "omissions of key facts and misrepresentations . . . that would allow us to deem plaintiff's challenges as forfeited," and testimony by the "neutral arbitrator" in the superior […]
Majority, Concurring, And Dissenting Opinions. Siegfried & Roy in their private apartment at the Mirage Hotel on the Vegas Strip, with one of their performing white lions. Photographer: Carol M. Highsmith. Library of Congress. Judge Bucklo, sitting by designation, describes the appeal of a labor arbitration award as "surprisingly nuanced", an "analytical puzzle" and […]
Tort Of Another Fees Are Consequential Damages, Not Recoverable As A Cost Item. The December 2018 issue of Orange County Lawyer includes an article by mediator William J. Caplan, entitled "Backdoor Attorneys' Fees Based on the Tort of Another: A Mediator's Perspective." The article is useful for its clarity, for its brevity, and […]
And Judge Ikuta Dissents. The Ninth Circuit affirmed the district court's order confirming an arbitration award in favor of a union seeking relief concerning a bonus provision in the parties' collective bargaining power. The employer had argued that the arbitration award was invalid because the arbitrator reformed the Basic Labor Agreement (BLA) between the […]