Arbitrator’s Professional Relationships Were Too Attenuated to Require Disclosure On July 26, 2012, we posted about Nemecek & Cole v. Horn, Case No. B233274 (2nd Dist. Div. 8 7/23/12). The case, involving a significant fee dispute between a client and the client’s law firm, addressed whether an arbitrator should have disclosed certain professional relationships. […]
Allegedly Confidential Documents Can Only Be “Generally Described” To Determine If They Are Truly Privileged Plaintiff Parness sued attorney Weiss and his law firm (acting as film production counsel) for alleged fraud arising out of the financing of the film Gospel Hill. Plaintiff claimed production counsel made fraudulent representations the production company had good […]
At Issue for Employers and Employees: Classwide Arbitration or Individual Arbitration? In an April 25, 2012 post, we said the rule in Gentry v. Superior Court, 42 Cal.4th 443 (2007), allowing for invalidation of a class arbitration waiver where nonwaivable statutory rights are at issue, manages to maintain a “toehold”. We suggested Gentry, like […]
Football Player Bruce Matthews Did Not Allege Sufficient Contacts With California To Show Workers’ Comp Claim Came Within Scope of California’s Workers’ Comp Regime Bruce Matthews, a former American college and professional football player, was an offensive lineman in the NFL for 19 seasons. He played college football for USC, was an All-American, […]
“Mission Impossible” Becomes Impossible for Mediator Kofi Annan Rick Gladstone reported on August 2, 2012, in the New York Times, that former UN secretary general Kofi Annan, appointed to act as a special representative for the UN and the Arab League to negotiate a peace plan in Syria, has resigned, saying that President Bashar […]
Fourth District, Division 3 Reverses Denial of Petition to Compel Arbitration and Remands to Consider Unconscionability Challenge Plaintiff Caron, who experienced difficulties with her certified preowned Mercedes Benz, sued Mercedes Financial and Mission Imports for relief under the Consumer Legal Remedies Act (CRLA), the Automobile Sales Finance Act, and unfair competition law. Defendants […]
Majority Opinion Identified Many State Law Contractual Problems With Arbitration Provision Plaintiff Sparks sued for wrongful termination, and employer Vista Del Mar Child and Family Services petitioned to arbitrate the dispute. The trial court denied the petition, and the employer appealed. Sparks v. Vista Del Mar Child and Family Services, Case No. B234988 […]
Arbitrators Axed By FINRA After Deciding Against Merrill Lynch Are Reinstated Suzanne Barlyn reports July 25, 2012 (Reuters) that the Financial Industry Regulatory Authority (FINRA) reinstated three securities arbitrators axed after an arbitration panel awarded $520,000 against Merrill Lynch. Because FINRA routinely cycles arbitrators through its roster, crossing an arbitrator off its roster is […]
In Which the Dream of A Bed and Breakfast Becomes A Dog’s Breakfast “A partnership to run a bed and breakfast in Nicaragua soured.” Not an auspicious beginning. Plaintiff Lawler sued his partners, the Caseys, and their former corporation (collectively Casey) in California for fraud and related causes of action. Casey moved to compel […]
Profession Relationships Were Too Attenuated To Justify Disqualification Our next case is a lawsuit between a law firm and a lawyer/client over a significant amount of attorney’s fees – confirmation of the mission statement in our other blog, California Attorney’s Fees (brought to you by Mike Hensley and Marc Alexander), that attorney’s fees are […]