Month: January 2021

Arbitration, Waiver: Second District, Div. 5 Holds Delay + Conduct Inconsistent With Arbitration + Prejudice Adds Up To Waiver Of Right To Arbitrate

January 31, 2021 · Arbitration: Waiver

Complaint Filed November 11, 2016 And Motion To Compel Arbitration Filed November 20, 2018.         Given two years elapsed between the time Plaintiff filed his putative class action wage and hour lawsuit, and the time Defendant filed its motion to compel arbitration, Defendant was going to have an uphill battle convincing the Court of Appeal […]

Arbitration, FAA, Unconsionability: First Distriction, Div. 2 Holds FAA Does Not Apply To Transportation Workers And Agreement Is Unconsionable

Court Distinguishes Baltazar.         Plaintiff Sabid Ali sued Daylight Transport, LLC, claiming he had been misclassified as an independent contractor, and alleging various California labor violations. Daylight move to compel arbitration, failed, and appealed. Sabid Ali v. Daylight Transport, LLC, No. A157104 (1/2  12/31/20) (Kline, Richman, Miller) (partial pub.).         In the trial court, Daylight […]

Arbitration, Choice Of Law, Nonsignatories: Foreign Nonsignatory To Partnership Deed Could Not Invoke Equitable Estoppel To Compel Arbitration

The Partnership Deed With The Arbitration Clause Was Entered Into In India, But The Court Applied US Federal Substantive Law To The Equitable Estoppel Issue. Incense for sale in Bangalore. Author: Meanest Indian. Creative Commons License.         Appellant/Defendant Shrinivas Sugandhalaya LLP (SS Mumbai), in a lawsuit with Appellees/Plaintiffs (SS Bangalore), sought to enforce an arbitration […]

Happy New Year 2021 !

January 1, 2021 · Miscellaneous

Library of Congress. December 30, 1908. Albert Levering, artist.         The Puck magazine illustration shows Father Time departing, and taking Thomas C. Platt with him. Platt was a two-term member of Congress and a three-term Senator from New York. According to Wikipedia: "Upon his death, the New York Times stated that 'no man ever exercised less influence […]