Lead Underwriter in Facebook IPO Seeks to Avoid FINRA Arbitration With Facebook Investor On November 6, 2012, Suzanne Barlyn reported for Reuters that Morgan Stanley, a lead underwriter for the Facebook IPO, has filed a complaint in federal court in Manhattan seeking an order to stop FINRA arbitration initiated by a Facebook investor who […]
Arbitration Requirement In Employment Contract of Casino Security Director Survives Unconscionability Attack Plaintiff Gatewood sued his former employee Hustler Casino and its owner El Dorado Enterprises, Inc., for various employment-related claims. The employer moved successfully to compel arbitration. Apparently unsatisfied with the arbitration award, Mr. Gatewood appealed the award and the order compelling arbitration […]
Court of Appeal Rejects Employer’s Contention that AT&T Mobility v. Concepcion Overruled Armendariz Unconscionability Analysis Plaintiff Erika Brenner, an attorney, sued her “employer” Glenn Johnson Law, LLP and its principal, attorney Glenn Johnson, for wrongful discharge and other employment-related claims. Defendants moved to compel arbitration under a contractual arbitration provision. Brenner opposed, arguing […]
“Browsewrap Agreement” Did Not Evidence That Plaintiffs Consented To Arbitrate, Plus It Was An Illusory Agreement That Could Be Changed At Any Time Generally, we focus on California law, but the next case, arising from the United States District Court for the District of Nevada, is an important one for e-commerce. In Re Zappos.Com, […]
Standing On One’s Right May Not Always Be The Best Way To Protect One’s Rights The stake in the next case was a share of a $380,000 attorney’s fees award in a class action lawsuit. The parties included the class, whose representative was McCall, and two law firms that had represented the class: Morris […]
Dispositional Language Of Prior Appellate Opinion Deprived Trial Judge Of Jurisdiction To Rule On Motion To Compel Arbitration On September 26, 2012, we posted about Phillips v. Sprint, a case in which a 2006 denial of a motion to compel mediation was reversed in 2011 only after the United States Supreme Court decided […]
Parties Moving to Compel Arbitration Were Unable to Take Advantage of Nonsignatory’s Admissions Where Moving Parties Denied Existence of Agreement Between Themselves and Nonsignatory Our next case is an odd one in which each of the adversaries took seemingly inconsistent positions. PMCI and Gregory, a contractor and its principal, were moving parties seeking to […]
Employer’s Equitable Estoppel and Implied-in-Fact Arbitration Agreement Arguments Are Both Rejected Plaintiff, Susan Gorlach, sued her former employer, The Sports Club Company, for wrongful termination, retaliation, paramour sexual harassment, intentional infliction of emotional distress, defamation, breach of contract, and negligence. She did not sign an arbitration agreement. When the employer petitioned to compel arbitration […]
HOA Was Not Spared Fees Because It Initiated Arbitration, And Fees Clause Was Broad Enough To Cover Situation Plaintiff homeowners association, Lakeside Club Villas, Inc., settled with developer defendants, and therefore voluntarily dismissed an arbitration against defendant property management company. The management company brought a successful motion to obtain attorney fees. The HOA appealed, […]
Ducks Addressing Viability of Gentry v. Superior Court By Distinguishing It As Case Dealing With Employment Issues, Not Consumer Issues Plaintiff purchased a BMW, and filed a complaint alleging a violation of the Consumers Legal Remedies Act (CLRA) and other consumer protection statutes, because some BMWs do not come with a spare tire, […]