Disclosure Of Extent Of JAMS's "Business Relationship" With O'Melveny & Myers And Arbitrator's Ownership Interest In JAMS Were At Issue. A former investment fund manager sued the investment funds and successfully compelled arbitration. Steven M. Speier v. The Advantage Fund, LLC, et al. G059216 (4/3 4/19/21) (Fybel, Bedsworth, Goethals). JAMS and the arbitrator made […]
Zoller v. GCA Advisors Lays Out Rules For Determining Whether Statutory Claims Can Be Arbitrated. Zoller v. GCA Advisors, No. 20-15595 (9th Cir. 4/14/21) (Wallace, Smith, Restani), reverses the district court's denial of defendants' motion to compel arbitration of statutory employment discrimination and civil rights claims. Shannon Zoller, a corporate attorney turned investment […]
Because Enrollment Process Was Handled By CalPERS, Statutory Requirements That Notice Of Arbitration Be Conspicuous in a Health Plan Did Not Apply. Edward William Kuntz's wife, children, and estate sued Kaiser for Elder Abuse and other claims, and Kaiser move successfully to compel arbitration of the Elder Abuse claim and stay the other claims. […]
Ninth Circuit Agrees With District Court That Labor Dispute Was Not Arbitrable And That Arbitrability Was Properly Decided By The Court. In Tramon Wilson-Davis v. SSP America, et al., B306781 (2/3 4/9/21) (Edmon, Lavin, Egerton), a dishwasher sued his employer, individually and behalf of a putative class, for wage and hour violations. A collective […]
The Book Is Journalist Jim Newton's Man of Tomorrow: The Relentless Life of Jerry Brown. For those of you who enjoy reading about California politics and politicians, I've written a review of Jim Newton's new book about former Governor Jerry Brown. The review, which appears in California Litigation, Vol. 34, No. 1 (2021), is […]
Justice Tangeman, Who Concurred Before, Now Dissents After Rehearing. We posted on February 2, 2021 about Breslin v. Breslin, B301382 (2/6 1/26/21) (Gilbert, Yegan, Tangeman), an opinion authored by Justice Gilbert in which Justices Yegan and Tangeman concurred. The case held the party receiving notice of a mediation ordered by the probate court and […]