Majority, Concurring, And Dissenting Opinions. Siegfried & Roy in their private apartment at the Mirage Hotel on the Vegas Strip, with one of their performing white lions. Photographer: Carol M. Highsmith. Library of Congress. Judge Bucklo, sitting by designation, describes the appeal of a labor arbitration award as "surprisingly nuanced", an "analytical puzzle" and […]
Tort Of Another Fees Are Consequential Damages, Not Recoverable As A Cost Item. The December 2018 issue of Orange County Lawyer includes an article by mediator William J. Caplan, entitled "Backdoor Attorneys' Fees Based on the Tort of Another: A Mediator's Perspective." The article is useful for its clarity, for its brevity, and […]
And Judge Ikuta Dissents. The Ninth Circuit affirmed the district court's order confirming an arbitration award in favor of a union seeking relief concerning a bonus provision in the parties' collective bargaining power. The employer had argued that the arbitration award was invalid because the arbitrator reformed the Basic Labor Agreement (BLA) between the […]
Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party. Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased […]
Ferguson v. Camarillo Health Care District, B281856 (2/6 11/28/18) (Tangeman, Gilbert, Yegan) (unpublished). When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]
Issues Covered Include Class Action, Unconscionability, Powers Of Arbitrator, Enforcement, Non-Signatories, PAGA, Severability, Costs. Martinez v. Ready Pac Produce, Inc., B279225 (2/3 11/20/18) (Lavin, Egerton, Dhanidina) (Unpublished): Waiver Of Class Action Meant Employee Could Not Participate In Pending Class Action. The Court of Appeal reverses order denying employer Read Pac's motion to compel […]
The Holiday Season is off and running. Circa 1909. Library of Congress.
But Civil Code Section 1668 Does Negate Contractual Clause Exempting Party From Responsibility When Elements Of Tort Are Concurrent Or Future Events When Contract Is Signed. Until Lingsch v. Savage, 213 Cal.App.2d 729 (1963) and Orlando v. Berkeley, 220 Cal.App.2d 224 (1963) came along, sellers attempted to remove liability for the condition of […]
"Restoring Justice For Workers Act." Vox reports on November 14, 2018, that on October 30, 2018, Rep. Jerrold Nadler (D-NY) and other House Democrats introduced the "Restoring Justice for Workers Act." The self-explanatory caption of the Bill is: " A BILL — To prohibit forced arbitration in employment disputes, and for other purposes." Republicans […]
The Current Rules Of Professional Conduct Became Effective On November 1, 2018. The following new rules pertain to arbitrators, mediators, or other third party neutrals: Rule 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral; Rule 2.4 Lawyer as Third-Party Neutral; Rule 2.4.1 Lawyer as Temporary Judge, Referee, […]