Happy Thanksgiving To All My Readers
Turkey at the White House (1921 or 1922). Library of Congress.
Month: November 2020
Settlement: How To Blow A Mandatory Settlement Conference
When Overzealous Advocacy Becomes Contempt. The conventional wisdom that there should be no way to lose a settlement conference is tested in Kevin J. Moore v. Superior Court of Orange County, G058609 (4/3 11/16/20) (Goethals, Bedsworth, Thompson). The facts of the underlying case are of little importance, because it was the conduct of attorney […]
Arbitration, PAGA: First District, Div. 1 Affirms Order Denying Lyft’s Petition To Arbitrate PAGA Claims
Iskanian Is Still Good Law In California. Once more unto the breach, dear friends, once more! Henry V, Act III, Scene I. Employers continue to seek to enforce contractual waivers of the right to litigate in court, and employees continue to punch back, insisting on the right to litigate Private Attorneys General Act […]
Arbitration: First District, Div. 1 Rules State Regulatory Law Did Not Allow Plaintiff To Avoid Arbitration
In Which We Create A New Side Bar Category– Arbitration: State Regulatory Law Nearly every new post on this blog links to one of our many sidebar categories. This post, however, addresses an arbitration issue that required the creation of a new sidebar category: "Arbitration: State Regulatory Law." The issue presented was whether an […]
Internet Commerce: 9th Circuit Rules Change-Of-Terms Provision Did Not Exempt Website Visitor From Arbitration Where Visitor Was Unaware Of The Contract Terms
Original Contract Required Arbitration Of Dispute, New Terms Exempted Consumer Claim From Arbitration, And Website Visitor Was Not Aware Of New Contract Terms. Rachel Stover attempted to prosecute a class action complaint against Experian, alleging that Experian had provided her with a credit reporting score represented to be useful, but essentially useless, because the […]