Plaintiff Had To Jump Through Hoops To Get To Arbitration Clause. For our next case, we add a new sidebar category: "Arbitration: Internet Commerce." "This case tests the outer limits of what constitutes a 'reasonably conspicuous' provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce," […]
Trial Court's Ruling That Delay And Prejudice Resulted In Waiver Is Affirmed. Nunez v. Nevell Group, Inc., G056585 (4/3 5/2/19) (Fybel, Bedsworth, Goethals), addresses an employer's waiver of right to compel arbitration of violations of a wage order under a Collective Bargaining Agreement. The Court affirms the trial court's order denying the […]
Appealability Under The Mandatory Fee Arbitration Act Is Different Than Appealability Under The California Arbitration Act. The holding of Levinson Arshonsky & Kurtz LLP v Kim (2/1 5/29/19) (Weingart, J.), is that an order denying a petition to compel an MFAA arbitration is not appealable. Therefore, the Court of Appeal lacks jurisdiction to […]
A Question Of Timing: Case Explains How To Handle Costs Under Section 998 In An Arbitration. Heimlich v. Shivji, S243029 (Cal. S.Ct. 5/30/19) (Corrigan, J.) is good news for practitioners, because it settles a timing issue, but it is no help to the hapless appellant who helped make law. Code of Civil Procedure […]
Chief Circuit Judge Thomas Concurs, But Writes That Earlier Case Law Was Wrongly Decided. The Ninth Circuit has affirmed the district court's order compelling arbitration of racial discrimination claims under section 1981. Lambert v. Tesla, Inc., DBA Tesla Motors, Inc., No. 18-15203 (9th Cir. 5/17/19) (Opn. by Smith, Thomas conc.). Lambert, an […]
Marc Alexander (This Blogger) Has Reviewed The Book For California Litigation. In the latest issue of California Litigation, Vol. 32, No. 1 (2019), p. 25, I've reviewed Adam Winkler's We the Corporations: How American Businesses Won Their Civil Rights. You can read the review, which is republished with the permission of California Litigation, by clicking here.
Bank Likely To Succeed On Merits As To Whether It, Or Its Corporate Trust Department, Was A "Municipal Securities Dealer" Subject To FINRA Arbitration. If your eyes begin to glaze over when reading about the Financial Industry Regulatory Authority (FINRA), Municipal Securities Rulemaking Board (MSRB) rules, conduit municipal bonds, indenture trustees, Institutional Investment Departments (IIDs), […]
Dispute Only Required Reference To Collective Bargaining Agreement (CBA), Not Interpretation Of It. I blogged about Melendez v. San Francisco Baseball Associates LLC, on December 18, 2017, when it was still in the Court of Appeal. Baseball security guards had sued the Giants, alleging that the guards were intermittent employees, entitled to be […]
An Issue Of First Impression. In NTCH-WA, Inc. v. ZTE Corporation, Inc. v. ZTE Corporation, No. 17-35833 (9th Cir. 4/25/19) (Gould, Paez, Pregerson), the Court of Appeals held that an arbitration award and its confirmation by a district court in Florida, barred plaintiff NTCH-WA from pursuing claims against ZTE Corp. under the doctrine of […]
Quinn Emanuel And Spin-off LawFirm Selendy and Gay. Jack Newsham authored an April 24, 2019 article, appearing in New York Law Journal, and entitled, "Judge Dismisses Suit Against Quinn Emanuel by Partners of Spinoff, Sends to Arbitration." Newsham begins by quoting the judge, who wrote, "It is for the arbitrator in the first […]