Plaintiffs Sued Uber Technologies Under The ADA Because It Did Not Provide Accessible Ride Sharing In New Orleans. The interesting set of facts in Namisnak v. Uber Technologies et al., No. 18-15860 (9th Cir. 8/24/20) (Nelson, J.), is that the disabled plaintiffs who sued Uber under the ADA because Uber failed to provide an […]
Rules Of Statutory Interpretation Rather Than History Of The Statute Offer The Best Explanation. When I posted on August 31, 2020 about Rittmann v. Amazon, the case holding that AmFlex workers who carry out the "last mile" of Amazon deliveries, are exempt from arbitration under the statutory exemption found in 9 […]
The FAA Exempts Transportation Workers Engaged In Interstate Commerce From Arbitration — What About The Amazon Delivery Person Who Brings The Package To Your Door? Many of us trying to avoid shopping during the pandemic have become familiar with the delivery of an Amazon package to our door. The delivery workers often drive their own […]
Limited Discovery And Lack Of Mutuality Were Important To Result. The Court of Appeal affirmed orders denying motions to compel arbitration in Scott Davis v. Stefan Kozak et al. and Scott Davis v. Red Bull North America, Inc., A156234 & A156238 (1/3 8/19/20) (Fujisaki, Siggins, Jackson), a consolidated appeal arising from an employee's lawsuit against […]
The Court Distinguishes Or Refuses To Follow Similar Cases Involving Nonsignatories. The Court affirms the confirmation of an arbitrator's award in favor of a nonsignatory auto manufacturer in Dina C. Felisilda et al., v. FCA US LLC, No. C086043 (3rd Dist. 7/24/20) (Hoch, Robie, Murray) (filed 7/24, certified for publication 8/14/20). "The Felisildas' claim against […]
But Arbitration Is Enforceable Between Employee And His Employer (Except As To PAGA Claims). Enforcing an arbitration clause can sometimes become a sticky wicket, glue pot, or dog's breakfast when the party seeking enforcement must rely on more than one document. Such was the case for the defendants seeking to compel arbitration in Thomas Jarboe […]
Nursing Homes And Senior Living Facilities Continue To Generate Enforcement Of Arbitration Cases. The Court of Appeal affirms denial of a motion to compel arbitration in Diane Holley v. Silverado Senior Living Management, Inc., et al, No. G058576 (4/3 8/7/20) (Moore, Bedsworth, Aronson). Holley brought a suit individually, and as successor in interest against defendants […]
Purpose Of Nevada's Foreclosure Mediation Rules Is To Provide Expedited Proceeding For Loan Modifications. The Court of Appeals holds in Tobler v. Sables (9th Cir. 8/4/20) (Collins, J.), that Nevada's Foreclosure Mediation Rules are the exclusive remedy under Nevada law for challenging a lender's conduct in the foreclosure mediation process. So a lawsuit brought by […]
Remote ADR Is An Effective Way To Resolve Disputes At A Time When COVID-19 Has Shuttered Courts And Delayed Legal Procedures. The COVID-19 Task Force of the Orange County, California Bar and the ADR Section of the Bar jointly hosted a Zoom webinar on August 14, 2020 about the effective use of remote mediation. […]
How The Issue Presented Was Framed Made All The Difference. View of a frame-maker's workshop circa 1900. Wikipedia article "Picture frame." As putative members of the so-called Guerra class action, Bautista and Garcia signed settlement agreements containing an arbitration clause and […]