On August 16, 2012, we blogged about the California Supreme Court’s decision (actually, a majority, concurrences, and a dissent) in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, 55 Cal.4th 223 (2012). That case held that covenants, conditions and restrictions of a recorded declaration created by a developer, which contain an arbitration […]
At-Will Nature of Employment Allowed Employer To Introduce New Policies Without A Signed Writing At first, we were going to file this unpublished opinion under “go figure”, but we think we get it. In 2003, employee Krishna Papudesi, a systems analyst with Northrop, signed an integrated employment contract with her employer having no […]
Deal Affecting Ports of Los Angeles and Long Beach Requires Approval of ILWU Rank and File Above: Free Harbor Jubilee. Los Angeles and San Pedro. 1899. Library of Congress. Only yesterday, we read that federal mediators were being called in to assist in settlement negotiations between the International Longshore and Warehouse Workers (ILWU) Local […]
Gentry Rides Again! Franco v. Arakelian Enterprises, Inc., Case No. B232583 (2nd Dist. Div. 1 Nov. 11, 2012) (Mallano, J.) (published) is a long, scholarly opinion, containing a probing analysis of what may now be the hottest arbitration issue: how to resolve the collision between a class action waiver in arbitration and vindication of […]
Can An Arbitration Class Action Waiver Be Enforced If The Plaintiff Would Not Be Able To Effectively Vindicate Federal Statutory Rights Through Arbitration? The United States Supreme Court will soon decide whether its holding in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), concerning the enforceability of a class action waiver through […]
Finding No Due Process Violation In Administrative Hearing Process, The Court Of Appeal Underscores Differences Between An Arbitrator And A Hearing Officer Plaintiff, Dr. Safari, sought a determination that the administrative peer reviewing hearing process involving Kaiser, resulting in findings that he should no longer treat patients, violated his due process rights and […]
Unwaivable Rights Under California Family Rights Act Were Compromised, And The Parties Had Agreed That The Arbitrator Was To Resolve The Dispute “Based Solely Upon The Law” Plaintiff Richey sued his employer for, among other things, violating the Moore-Brown-Roberti Family Rights Act (CFRA). The employer had terminated Richey, believing he had misused medical […]
Agreement Providing To Mediate Did Not Satisfy Burden of Showing Clear Intent of Tribe to Waive Immunity Our next case, involving tribal sovereign immunity, does not fit into one of our convenient sidebar categories. Miller v. Wright, Case No. 11-35850 (9th Cir. Nov. 13, 2012) (Rawlinson, J.) (published). In Miller, a panel of the […]
A November 7, 2012 post in California Attorney’s Fees discusses: “Arbitration/Mediation: The Debate Goes On … Are They Cost Effective?” Summarizing a recent article authored by Victoria Paal, Randall Block, and Steven Roland in the most recent 2012 edition of the California Real Property Journal, the post suggests that mediation is widely perceived to […]
Standard of Review Was Crucial To Affirmance of Trial Court’s Order Denying Motion to Compel Arbitration What a difference the standard of review can make. Plaintiff Thiel, an investor, sued MKA Real Estate Qualified Fund I, LLC for investment mismanagement. Several investment advisors, as well as real estate developers, were named as co-defendants. […]