Beware of 9 U.S.C. Section 9: It Provides For Judicial Confirmation Of Arbitral Awards Only Upon Consent Of The Parties Swissmex-Rapid S.A. de C.V. and SP Systems, LLC arbitrated a commercial dispute concerning backpack agricultural sprayers manufactured by Swissmex, a Mexican corporation. The arbitration resulted in a net award in favor of Swissmex […]
Issue Presented Is One Of First Impression And Perhaps Sui Generis Our next case presents as a “threshold matter” an arbitration issue that turns out to be one of first impression. Guitierrez v. Wells Fargo Bank, N.A., Case Nos. 10-16959 and 10-17468 (9th Cir. Dec. 26, 2012) (McKeown, J.) (published). Wells Fargo sought to […]
And best wishes to my readers for 2013 Ernst Haeckel. Ascidiae. Kunstformen der Natur (1904).
End of the Rule of Law, or Useful Legal Fiction? Arbitration, like boilerplate, creates a private legal system that displaces the public one. Whereas the common law depends on the rule of law, and creates a system of precedent that is available to the public, an arbitration award is typically a private affair, […]
“In particular, we do not find unconscionable a provision in the arbitration agreement allowing either party to seek provisional remedies . . . “ For the practitioner, Baltazar v. Forever 21, Inc., Case No. B237173 (2nd Dist. Div. 1 Dec. 20, 2012) (Mallano, J.) (published), is worth reading because it provides employers and employees […]
Interpretation of Civil Code section 1354(c) Leads to Result In Grossman v. Park Fort Washington Association, Case No. F063125 (5th Dist. Dec. 19, 2012) (Franson, J.) (unpublished), the Court of Appeal held that the trial court correctly awarded fees for pre-litigation mediation to homeowners involved in a tussle with their homeowners association over construction […]
SCOTUS Smackdown of Supreme Court of Oklahoma On November 26, 2012, in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. _______ (2012) (per curiam), the Supreme Court of the United States found it necessary to remind the Supreme Court of Oklahoma that “[i]t is a matter of great importance . . . that state […]
Federal Preemption Of California’s Broughton-Cruz Rule Exempting Claims For Public Injunctive Relief Is At Issue On March 7, 2012, we posted about Kilgore v. KeyBank, 673 F.3d 947 (9th Cir. March 7, 2012) (authored by Judge Trott). Kilgore held that California’s Broughton-Cruz rule, which provides claims for public injunctive relief cannot be arbitrated, is […]
Good Faith Effort To Mediate Was Supported By Substantial Authority And Argument That Offer To Mediate Was Made To The Wrong Intermediary Had Been Forfeited On Appeal The DeSantises bought a commercial building occupied by a hospital tenant, only to discover too late that a hospital tenant was on the way out. The DeSantises […]
Statutory Provisions Specifically Relating To Medical Care Weigh Into The Result Statutory provisions are the key to the next decision, Raynond v. Kram, Case No. B236552 (2nd Dist. Div. 3 Dec. 7, 2012) (Kitching, J.) (unpublished). The case involved a malpractice lawsuit brought by the patient, Raymond, against his treating physician, Kram. Dr. Kram […]