Happy Thanksgiving To All My Readers
Turkey at the White House (1921 or 1922). Library of Congress.
Author: calmediation
Settlement: How To Blow A Mandatory Settlement Conference
When Overzealous Advocacy Becomes Contempt. The conventional wisdom that there should be no way to lose a settlement conference is tested in Kevin J. Moore v. Superior Court of Orange County, G058609 (4/3 11/16/20) (Goethals, Bedsworth, Thompson). The facts of the underlying case are of little importance, because it was the conduct of attorney […]
Arbitration, PAGA: First District, Div. 1 Affirms Order Denying Lyft’s Petition To Arbitrate PAGA Claims
Iskanian Is Still Good Law In California. Once more unto the breach, dear friends, once more! Henry V, Act III, Scene I. Employers continue to seek to enforce contractual waivers of the right to litigate in court, and employees continue to punch back, insisting on the right to litigate Private Attorneys General Act […]
Arbitration: First District, Div. 1 Rules State Regulatory Law Did Not Allow Plaintiff To Avoid Arbitration
In Which We Create A New Side Bar Category– Arbitration: State Regulatory Law Nearly every new post on this blog links to one of our many sidebar categories. This post, however, addresses an arbitration issue that required the creation of a new sidebar category: "Arbitration: State Regulatory Law." The issue presented was whether an […]
Internet Commerce: 9th Circuit Rules Change-Of-Terms Provision Did Not Exempt Website Visitor From Arbitration Where Visitor Was Unaware Of The Contract Terms
Original Contract Required Arbitration Of Dispute, New Terms Exempted Consumer Claim From Arbitration, And Website Visitor Was Not Aware Of New Contract Terms. Rachel Stover attempted to prosecute a class action complaint against Experian, alleging that Experian had provided her with a credit reporting score represented to be useful, but essentially useless, because the […]
Arbitration, PAGA: Fourth District, Div. 1 Denies Employer’s Effort To Split PAGA Cause Of Action, Affirming Denial Of Motion To Compel Arbitration
The Ruling Is Consistent With Other California Cases Denying Efforts To Split PAGA Cause Of Action. YourMechanic sought to compel plaintiff to arbitrate whether he was an "aggrieved employee" before he could proceed under the Private Attorneys General Act of 2004 (PAGA). The trial court denied the motion, and YourMechanic appealed. Jonathan Provost v. […]
Mediation, Confidentiality: Is Your Mediation Confidential?
Mediator Jeff Kichaven Spoke About Whether Mediation Is Confidential To The Orange County Bar. On Friday, October 2, 2020, mediator Jeff Kichaven presented a Zoom webinar to the Orange County Bar on the subject: "Guess What? Your Online Mediation Is Not Confidential." Jeff's presentation was jointly sponsored by the ADR section and the Business […]
Arbitration, Contract Interpretation, FAA: 9th Circuit Holds California’s “Absurd Results” Rule Of Contract Interpretation Is Not Preempted By FAA
Provisions Requiring Arbitration With AT&T's Affiliates Did Not Apply To A Future Affiliate. Plaintiff contracted with AT&T for service, and sued an affiliate DIRECTV acquired later by AT&T. The Court of Appeal had to "decide whether a satellite television company, which became an affiliate years after the agreement was signed, may use the wireless […]
Arbitration, Class, Waiver, FINRA: FINRA Rules Preventing Arbitration Of Class Actions Do Not Apply When There Is A Class Action Waiver
The Class Action Waiver Is Enforceable. When a financial advisor brought a putative class action against Credit Suisse for deferred compensation, Credit Suisse moved successfully to dismiss based on an arbitration requirement in its Employee Dispute Resolution Program. The financial advisor appealed, arguing that Financial Industry Regulatory Authority (FINRA) rule Rule 13204(a)(4) barred arbitration […]
Arbitrability: 9th Circuit Holds Court Decides Arbitrability Of Collective Bargaining Agreement Silent About Arbitrability
Commercial Arbitration And Labor Arbitration Agreements Are To Be Analyzed The Same Way. American Nurses somewhere in England, November 2018. Library of Congress. When the agreement is silent about who decides whether a dispute is arbitrable, does the court or the arbitrator decide? The court decides. However, 9th Circuit case law created an exception […]