McGill v. CitiBank Held An Arbitration Agreement Is Invalid And Unenforceable If It Waives A Party's Statutory Right To Seek Public Injunctive Relief. Ring sells home security and smart home devices. Brandon Jack and others sued Ring, requesting injunctive relief to require Ring to prominently disclose certain things to consumers. Ring moved to compel […]
Keep In Mind That Authority Must Be Created By The Principal, Not The Agent. Kinder v. Capistrano Beach Care Center, LLC, B316937 (2/7 5/18/13) (Escalante, Perluss, Feuer) is a lawsuit brought by a resident of a residential skilled nursing facility who broke her hip in a fall and sued. The nursing facility tried, unsuccessfully, […]
Employee Entered Into Release Of Claims In Her Separation Agreement. Elizabeth Castelo entered into a release of claims in her separation agreement from her employer Xceed Financial Credit Union. In arbitration, the employee argued that she had entered into a pre-dispute arbitration agreement that was invalid. The arbitrator ruled in favor of the employer, […]
File This Under "More Ways Than One To Skin A Cat." Woman wearing a blue robe with Buzzer the cat. Photographer: Arnold Genthe. Library of Congress. Alberto v. Cambrian Homecare, B14192 (2/4 filed 4/19/23, cert for pub. 5/10/23) (Daum, Collins, Currey), affirms the trial court's order finding an arbitration clause unconscionable. Here's the […]
On The Occasion Of Our 247th Fourth Of July . . . Photo credit to Amy Widdowson, publisher of The Morning Missive https://substack.com/@amy (Amy also made the cake)
The Supreme Court Created A New Rule For Staying Cases Pending Interlocutory Appeal Of Order Denying Motion To Compel Arbitration. Prof. Ronald Mann provides an excellent review in ScotusBlog of the Supreme Court's decision in Coinbase v. Bielski, No. 22-105 (S.Ct. 6/23/23). The majority opinion, authored by Justice Brett Kavanaugh, holds that a district court […]