Including Confidentiality Provision In Settlement Of Malpractice Lawsuit Did Not Violate Public Policy, Because Provision Did Not Prevent Reporting To State Medical Board. In Pappas v. Chang and Chang v. Pappas, Nos. A159792 and A160293 (1/2 3/3/22) (Richman, Miller; Kline, conc.), the Court of Appeal affirms the trial court in separate consolidated appeals. In […]
Blogging About California Mediation And Arbitration Since 2012. I started this blog on California Mediation And Arbitration in 2012. I just noticed that the number of posts recently passed 1000. That's about 100 per year. Readers may have noticed that the formatting of this blog is similar to that of California Attorneys Fees. […]
Clickwrap? Browserwrap? Scrollwrap? Sign-in Wrap? When does one's use of a website result in an agreement to arbitrate? Concurring with the majority, Judge M. Miller Baker candidly observes that this is an "evolving and fact-bound area." Here, Judge Paul J. Watford, writing for the majority, and Judge Baker, concurring, agreed that the […]
The Rule SCOTUS Applies To Petitions To Confirm Or Vacate Is Different Than The Rule It Applies To Motions To Compel Arbitration. In an 8-1 decision, Justice Elena Kagan, writing for the court majority, explains that federal courts, when determining whether federal jurisdiction exists to decide a petition to vacate an arbitration award, should […]
Recommended Reading: "Exchanging mediation briefs: the simplest path to success". Mediators often urge that counsel exchange mediation briefs, but an actual exchange seems more to be the exception than the rule. Mediator Robert M. Cohen has a column in the May 24, 2022 Daily Journal advocating for the exchange of briefs in mediation. In […]
Whether An Arbitration Agreement Exists Was A Gateway Issue For The Court To Decide. Agreeing with the trial court that there was no agreement express or implied to arbitrate, the Court of Appeal affirms the trial court's order denying employer's motion to compel arbitration in a putative class action wage and hours case brought […]
The Dispute With District 2, Div. 4, Involved The Reasoning In Patterson v. Superior Court, 70 Cal.App.5th 473 (2021) (Patterson). The Court of Appeal affirmed the trial court's court denying Charter's motion in compel arbitration. Ramirez v. Charter Communications, Inc., B309408 (2/4 3/1/22) (Willhite, Manella, Collins). The Court held that the arbitration provisions were […]
Interim Rulings By An Arbitrator Are Not Reviewable Until A Final Award Is Issued. Charlotte Kirk, an actress, entered into a confidential settlement agreement in 2017 with four men who were entertainment industry executives. The agreement contained an arbitration clause. Claiming that Kirk violated the settlement agreement, the executives filed an arbitration demand naming […]
The Arbitration Provision Was Not Ambiguous. The arbitration provision in Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC, et al., F079993 (5th Dist. 2/2/22) (Franson, Hill, Pena), carved out equitable causes of action from arbitration. Because the Court of Appeal agreed the clause was unambiguous, the Court affirmed the trial court's decision that six […]
The Court Of Appeal Construes The Arbitration Provision As "Narrow" Rather Than "Broad." The Court of Appeal reverses confirmation of an arbitration award in Thomas Ahern et al. v. Asset Management Consultants, Inc., et al., B309935 (2/7 2/1/22) (Perluss, Segal, Feuer). The underlying dispute was between a co-tenant, Ahern, who purchased a co-tenant […]