The Arbitration Provision is Unconscionable, and Concepcion Does Not Change the Analysis “Unconscionability” may sound like an abstract legal principle, but it usually entails a very fact-specific analysis. Try out these facts: plaintiffs are carpet layers; they speak Spanish; contracts were presented to them only in English; they have difficulty reading simple written English; […]
This Route Works If The Parties Agreed In Writing To Binding Arbitration The MFAA can be a trap for the unwary. The parties need to be aware of the following requirement: “If no action is pending, the trial after arbitration shall be initiated by the commencement of an action in the court having jurisdiction […]
New Breed of Mediator Helps to Resolve Bones of Contention Pet mediation is the subject of Veronica Dagher’s April 30, 2012 article in the venerable Wall Street Journal, entitled “A Dog’s Bark Is Better Than Litigation’s Bite.” During my years as a litigator, I’ve actually encountered several acrimonious lawsuits involving dogs – one […]
Another Example of the Search for Wiggle Room Within the Concepcion Straightjacket California courts necessarily follow the ruling of AT&T Mobility LLC v. Concepcion, __ U.S. __ , 131 S.Ct. 1740 (2011), overruling the holding of Discover Bank v. Superior Court, 36 Cal.4th 148 (2005) that in turn had held that class action […]
Maybe Not, But Mediator Proposes Other Strategies Mediator Robert Mann has an interesting article in the April 27, 2012 edition of the Los Angeles Daily Journal, under the heading, “Is bracketing dead? New strategies for mediation.” (Verdicts and Settlements section, p. 2). “Bracketing” is the “dance of negotiation.” Each side comes back repeatedly […]
“Dispute Resolution” Encompassed More Than Arbitration Dispute resolution provisions in a contract often provide for attorney’s fees, and when they do, distinctions between such terms as "dispute resolution", "arbitration", "mediation", "lawsuit", and "legal proceeding" may become very significant. Such was the case in Toro Enterprises, Inc. v. Pavement Recycling Systems, Inc., Case No. […]
Fundamental Fairness Issue Involving Lack of Notice Resulted in De Novo Standard of Review Plaintiff and Respondent Roland Hansalik signed a promissory note with Wells Fargo Advisors, LLC, with a provision calling for arbitration before the Financial Industry Regulatory Authority (FINRA). Then Mr. Hansalik moved to Switzerland. Wells Fargo initiated arbitration through FINRA, […]
Employer Fired Employee Hours After He Signed Arbitration Agreement – How Much More Do You Need to Know? Plaintiff Ruzanno instituted arbitration proceedings against defendants Spectrum, Larson, Blake, and National University. The salient fact in this case is that Ruzanno signed the arbitration agreement hours before the employer fired him, purportedly without his […]
But Rule in Gentry Allowing For Invalidation of Class Arbitration Waiver Where Nonwaivable Statutory Rights Are At Issue Manages to Maintain Toehold Once again, the Court of Appeal ventures into the thicket of class action arbitration waivers, threading its way around ATT&T Mobility LLC v. Concepcion, __ U.S. __ , 131 S.Ct. 1740 […]
Some Orders Denying Petitions to Compel Arbitration Are More Equal than Others Defendant and Appellant Zani Mansouri spent over $200,000 in a patio improvements dispute with her HOA, Plaintiff and Respondent Fleur Du Lac Estates Association. Naturally, she hoped to recover her fees and costs after the trial court earlier granted the HOA’s […]