Deadline To Move To Vacate Arbitration Award Is Jurisdictional. Cover, First Edition of Charles Dickens' Bleak House. 1852-53. Locked in sororicidal probate litigation over the disposition of mom and dad's estate, Sarah Plott Key prevailed at first, entitling her to one-third of her parents' estate which, at the time "was equivalent to about $20 […]
Inconspicuous Arbitration Provision In Consumer Adhesion Contract Is Unconscionable. "We conclude the arbitration provision is unconscionable largely because it was hidden on the back side of a money transfer order form, in tiny 6-point print that we deem virtually illegible . . . . MoneyGram's Arbitration Provision shows every sign of having been designed […]
Effort To Compel Arbitration Failed Because Trump And Company Were Nonsignatories Who Distanced Themselves From Contract. "A full-sized figure of then-President Donald Trump inside the doorway of an abandoned building in Marble Hill, the surviving name of what were the neighboring rural towns of Lutesville and Marble Hill in Bollinger County, Missouri." Carol Highsmith, photographer. […]
Once Again, A California Court Of Appeal Affirms That Iskanian Is Still Good Law. In Winns et al. v. Postmates Inc., A155717 (1/3 7/20/21) (Petrou, Fujisaki, Jackson), Postmates argued its couriers had waived the right to bring representative PAGA claims, and that the California Supreme Court's Iskanian opinion holding such waivers to be invalid […]
Trial Court Must Now Enter Order Compelling Binding Arbitration Between Western Bagel Company And Employee. Moose figure outside the Bagels Plus store in North Conway, New Hampshire. Photographer: Carol M. Highsmith. 2017. Library of Congress. When Jose Calderon, a Spanish speaking employee of Western Bagel Company, Inc. brought a putative class action lawsuit against […]
And Judge Bea Dissents. In Setty v. Shrinivas Sugandhalaya LLP, No. 18-35573 (9th Cir. 7/7/21) (Nelson, Rawlinson; Bea, dsst.), the court holds that the district court did not abuse its discretion by rejecting defendant SS Mumbai's argument that plaintiff SS Bangalore should be equitably estopped from avoiding arbitration. Defendant SS Mumbai was a non-signatory […]
Ninth Circuit Panel Refuses To Extend Reach Of Monster Energy. Boris Karloff in Bride of Frankenstein (1935). Wikipedia. Public domain. Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019) concluded that "[G]iven the Arbitrator's failure to disclose his ownership in JAMS, coupled with the fact that JAMS had administered 97 arbitrations […]
"… we compliment the arbitrator on providing a thorough and well-reasoned award and orders." As you have surmised from our lede, it did not go well for the plaintiff and appellant JP-Richardson, LLC, because the trial court's judgment granting the petition to confirm the arbitration award against JP-Richardson was affirmed. JP-Richardson, LLC v. Pacific […]
The Arbitration Provision Was Buried Somewhere. Grave digger at work. Woodbine, Iowa. 1940. Photographer: John Vachon. Library of Congress. When AECOM, Inc. was sued by a subcontractor, Remedial Construction Services, LP (RECON), it unsuccessfully tried to compel arbitration, relying on a Prime Agreement between AECOM and Shell Oil, which Prime Agreement did contain an […]
There Is A Method To This . . . Before I get to the case, I should mention that I'm playing "catch up." I've fallen somewhat behind on posting, between a busy mediation calendar and some travel to visit a newly born child in the family. But it's the weekend, so let's see how […]