And Wishing You A Happy, Healthy, Productive 2025. Library of Congress. Photographer: Carol M. Highsmith. Date: 12/31/21. "This old auto-body shop in Paxton, a village west of North Platte in southwest Nebraska, isn't fixing cars any more but someone's around to wish passersby a happy new year."
In 2024,Three Mediation-Related Measures Passed, One Did Not. As of December 22, 2024, the status of the four California legislative measures from 2024 impacting mediation practices is as follows: Senate Bill 940 (SB 940): Enacted into law on September 29, 2024, this bill establishes a voluntary certification program for Alternative Dispute Resolution (ADR) providers and […]
Sarbanes-Oxley Federal Whistleblower Claim Is Precluded By Issues Decided In Arbitration, Though Employees Are Protected Against Mandatory Arbitration Of Whistleblower Claims. Section 806 of the Sarbanes-Oxley Act (SOX) provides whistleblower protections, including protection against mandatory arbitration. Can issues decided against a former Tesla employee in arbitration preclude the employee's relitigation of issues in a […]
Labor Code Sections Prohibiting Cost-Shifting To Employees Prevailed Over Section 998 Cost-Shifting. The next case does not involve ADR. We blog about it because it does involve settlement offers and cost-shifting. Employees sued California Collision LLC (CCL) and its owner for labor law violations. The case involved several settlement offers under California Code […]
Stephnie Trujillo v. J-M Manufacturing Company, Inc., B327111 (2/8 12/2/24) (Stratton, Grimes, Wiley). This case involves an employer's obligation to make timely payment to the arbitrator, as required by statute, or face the prospect of losing the right to arbitrate. The facts are unusual. Stephnie Trujillo filed a complaint against her former employer, […]
Happy Thanksgiving! "A Thanksgiving Truce" A Thanksgiving Truce. 1905. Puck. Library of Congress description: Illustration shows Theodore Roosevelt, wearing his rough rider uniform, sharing a feast with many wild animals sitting around a large banquet table in the wilderness. A bear is making a toast. "Teddy Jr.", wearing buckskin, is sitting on a rock at […]
Mass Arbitration Model For Batching Together Claims With Common Legal Or Factual Issues Held To Be Unconscionable. The Ninth Circuit affirmed the district court's denial of Live Nation and Ticketmaster’s motion to compel arbitration in a Sherman Act antitrust class action. Skot Heckman et al. v. Live Nation Entertainment, Inc.; Ticketmaster, LLC, No. 23-55770 […]
To Sever Unconscionable Provisions Or Not To Sever . . . That Is The Question. The Ninth Circuit affirmed the district court’s decision denying USF Reddaway, Inc.’s motion to compel arbitration, finding the agreement procedurally and substantively unconscionable under California law. The court held the arbitration agreement was moderately procedurally unconscionable due to its […]
Interstate Transportation Workers Are Exempted From Arbitration Under The Federal Arbitration Act. We have been remiss reporting on 9th Circuit cases since mid-July 2024. Now, we're doing a little catch-up. An airline fuel technician qualifies as a transportation worker engaged in foreign or interstate commerce, and thus he is exempt from the FAA's […]
This Case Makes It Easier For Employers To Beat Back PAGA Lawsuits When Employee Loses Labor Code Claims In Arbitration — The Legal Tool Is Issue Preclusion. In Julian Rodriguez v. Lawrence Equipment, Inc., B325261 (2/3 pub. 11/8/24) (Bershon, Edmon, Egerton), the plaintiff, Julian Rodriguez, alleged wage-and-hour violations under California’s Labor Code and pursued […]