Once Again, Judicial Review Of Arbitration Awards Is Extremely Limited. Kenneth J. Catanzarite, representing plaintiffs, filed an opposition to defendant's petition to confirm the award. The court imposed $37,000 in sanctions against Catanzarite for presenting unsupported and meritless arguments, including a claim that the arbitrator had refused to consider evidence, despite no evidence supporting […]
This Case Involves The (Non) Application Of Civil Code § 998 To Postjudgment Fees And Costs. The plaintiff, Caesar Elmi, rejected a settlement offer made by the defendant, Related Management Company, pursuant to section 998. The case was later resolved for an amount lower than what was offered, leading to a limitation on Elmi’s […]
Plaintiff Was Not Harmed Because Defendant Had Not Refused To Arbitrate, And Questioned Consolidation Of Claims Could Still Be Addressed By Arbitrator. Kiana Jones sued Starz Entertainment, LLC, claiming violations of federal and state privacy laws after Starz allegedly disclosed her identity and video viewing history to third parties. Jones initiated arbitration proceedings under […]
"A Question Of Ever-Increasing Ubiquity In Today's E-Commerce World." The question: did an internet user’s online activities bind her to certain terms and conditions? The majority opinion in Katherine Chabolla v. ClassPass Inc., et al, 23:15999 (9th Cir. 2/27/25) (Mendoza, Fitzgerald; Bybee, dsst.) affirmed the district court’s decision to deny ClassPass’s motion to […]