It All Depends Justice Gilbert addresses the issue of when federal preemption applies in consolidated appeals of Mastick v. TD Ameritrade, Inc. and Mastick v. Oakwood Capital Management, Inc., LLC, Nos. B237475 and B238070 (2nd Dist. Div. 6 October 9, 2012) (published). “We answer the question when it does with judges’ and lawyers’ habitual, […]
Court of Appeal Says It Would Have Been Futile To Seek Reversal Earlier In Phillips v. Sprint, Case No. A134371 (First Dist. Div. 3 Sept. 26, 2012) (Pollak, J., author) (published), the Court of Appeal considered a situation in which the trial court denied a request to arbitrate in 2006 in a consumer class […]
The website of The Negotiation Institute describes the institute as “the longest running negotiation skills training organization in the world.” Its founder, Gerard J. Nierenberg, died on September 19, 2012, as reported in a September 24, 2012 NY Times obituary. Mr. Nierenberg authored several books, including one entitled “How to Read a Person Like […]
Arbitrator Finds Insurance Coverage For Land Use Fiasco Famous for its big wave surfing, the City of Half Moon Bay got hit with a big one a while back, when it committed to pay $18M as a legal settlement to a private developer. That’s a “big wave” for a city reported to have a […]
On March 27, 2012, we posted about Marmet Health Care Center, Inc. v. Brown, 565 U.S. ___ (2012). Marmet Health, a Supreme Court case, concluded the Federal Arbitration Act does pre-empt the state public policy of West Virginia against predispute arbitration agreements applying to personal injury or wrongful death claims against nursing homes. […]
FINRA Begin Again? On June 21, 2012, we posted about a $5M award by FINRA to brokers John Paladino and Todd G. Vitale. FINRA is the Financial Industry Regulatory Authority, and its awards are generally difficult to overturn. However, San Diego Judge Lisa Schall has overturned the award, based on the failure of one […]
Patchy Record Also Didn’t Help Appellant When footnote 1 of an opinion begins, “Appellants omitted several key documents . . . “, followed by, “We therefore have little information . . . “ it does not augur well for the appellant. An augur holding a lituus, the curved wand often used as a […]
Arbitration Clause In Contract To Purchase Used Automobile Was Found To Be Procedurally and Substantively Unconscionable On August 26, 2012, we posted about Goodridge v. KDF Automotive Group, Inc., Case No. D060269 (4th Dist. Div. 1 August 24, 2012) (McDonald, Acting P.J., author). On September 13, 2012, the Court ordered that the case be […]
Special Confidentiality Provisions In The Evidence Code For Mediations Expressly Do Not Apply To MSCs California practitioners are aware that the court, on its own motion, or at the request of any party, may set a Mandatory Settlement Conference requiring the personal attendance of trial counsel, parties, and persons with full authority to settle. […]
Lost Opportunity to Use Outstanding Sitting Judges in Private Arbitration? "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." – Louis D. Brandeis Steven M. Davidoff reports on August 31, 2012 in the New York Times, […]