There Is A Method To This . . . Before I get to the case, I should mention that I'm playing "catch up." I've fallen somewhat behind on posting, between a busy mediation calendar and some travel to visit a newly born child in the family. But it's the weekend, so let's see how […]
Insurance Code Section 11580.2 Was Dispositive. California Insurance Code section 11580.2, subdivision (f) provides that disputes between insureds and insurers over entitlement to recover damages caused by an uninsured or under insured motorist [UIM], or the amount of damages, must be resolved by agreement or arbitration. When Brett McIsaac sued Foremost Insurance over an […]
Authentication Of Electronic Signatures Continues To Trip Up Employers. The trial court denied the employer's motion to compel arbitration, because the employee Bannister "presented evidence that she never saw the [arbitration] agreement during the onboarding process and did not affix her electronic signature to it," and the Court of Appeal affirmed. Maureen Bannister v. […]
Just One More Thing To Worry About With Cryptocurrency. There are a number of ways in which a nonsignatory to an arbitration agreement can nevertheless find itself bound to arbitrate. Affirming the trial court, the Court of Appeal shoots down each of those ways in Pillar Project AG v. Payward Ventures, Inc., A160731 (1/5 […]
For Those Who Do Have A Dog In The Fight . . . I recently saw the following rule posted at the entrance to a dog park. It seemed like a constructive way to address dog and dog owner transgressions: Oil painting: a rabid dog; by J. T. Nettleship. Wellcome Collection.
Liberal Arbitration Policy Of The FAA Doesn't Mean Nonparties Can Be Compelled To Arbitrate. The question in Walsh v. Arizona Logistics, Inc. and Larry Browne, No. 20-15765 (9th Cir. 18/21/2021) (Hunsaker, Fletcher, Miller) is "whether a private arbitration agreement binds the Secretary of Labor when bringing a Fair Labor Standards Act (FLSA) enforcement action […]
Plaintiff/Appellant Did Not Need To Prove That Arbitrator's Ex Parte Communications Led To Adverse Award. A rather unusual case, this. Joanna G. Grabowski, an in pro per plaintiff/appellant successfully vacated an adverse arbitration award in a malpractice arbitration she brought against Kaiser. Joanna G. Grabowski v. Kaiser Foundation Health Plan, Inc., et al, No. […]
Oh, The Pain. The appellant in Brian Alper et al. v. Pasquale Rotella, et al., G058088 (4/3 5/5/21) (Moore, Bedsworth, Aronson), sought to vacate an adverse arbitration award on the grounds that the arbitrator, who was in great pain and took Percocet to ease the pain during the arbitration proceeding, was so impaired that […]
Disclosure Of Extent Of JAMS's "Business Relationship" With O'Melveny & Myers And Arbitrator's Ownership Interest In JAMS Were At Issue. A former investment fund manager sued the investment funds and successfully compelled arbitration. Steven M. Speier v. The Advantage Fund, LLC, et al. G059216 (4/3 4/19/21) (Fybel, Bedsworth, Goethals). JAMS and the arbitrator made […]
Zoller v. GCA Advisors Lays Out Rules For Determining Whether Statutory Claims Can Be Arbitrated. Zoller v. GCA Advisors, No. 20-15595 (9th Cir. 4/14/21) (Wallace, Smith, Restani), reverses the district court's denial of defendants' motion to compel arbitration of statutory employment discrimination and civil rights claims. Shannon Zoller, a corporate attorney turned investment […]