A SCOTUS Case Effectively Overruled An Earlier Ninth Circuit Opinion. In Damian Langere v. Verizon Wireless Services, No. 19-55747 (9th Cir. 12/29/20) (Bumatay, Parker, Watford), the court holds, "the voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction." The rule had been otherwise in the Ninth Circuit in […]
The Qui Tam Action Is Brought On Behalf Of The State Which Is Not A Party To The Arbitration Agreement. State of California ex rel. Aetna Health of California, Inc. et al., v. Pain Management Specialist Medical Group et al., B299025 (2/6 12/21/20) (Gilbert, Perren, Tangeman) involves a qui tam action brought under the […]
Puck's Christmas Tree. December 24, 1902. Samuel D. Ehrhart, artist. Library of Congress.
The Arbitrator's Relationship With GLAAD Was Irrelevant To The Dispute. The arbitration award was confirmed and affirmed on appeal in Malek Media Group LLC v. AXQG Corp., B299743 (12/16/20 )) (Dhanidina, Lavin, Egerton), a case in which the disgruntled appealing party sought to disqualify the arbitrator for failure to disclose his connection with […]
California courts continue to scrutinize cases in which hospitals and nursing homes seek to enforce arbitration provisions. The medical settings often involve patients who are old, quite sick (or both), hurried admission processes, and urgency. These cases remind me of a story my law school torts professor told, about taking his daughter, who had […]
Your Blogger Has Reviewed Sweet Taste of Liberty, And Includes A Link To The Review Below. Rice University historian W. Caleb McDaniel won the Pulitzer Prize in history for this remarkable story about Henrietta Wood, an enslaved person in Kentucky, who was freed in Ohio, kidnapped by a slave broker, re-enslaved, sold in Kentucky, […]
Inconspicuous As A Frog In A Thicket Of Water Lilies . . . "Too lazy to feed himself, Washington, D.C., Aug. 15. Just plumb too lazy to catch his food on the fly like regular frogs do, Popeye, giant frog from Louisiana in the U.S. Department of Commerce aquarium, has to be fed his […]