Under Armendariz Framework, Court Finds Parties' Arbitration Agreement Is Unconscionable. Constance Ramos, "an experienced litigator and patent practitioner with a doctorate in biophysics" petitioned the Court of Appeal to vacate superior court Judge John Stewart's order granting the motion of her erstwhile employer, Winston & Strawn, to compel arbitration of her employment/FEHA dispute. […]
Arbitration Cases Fly Under The Radar. In recent years, I have concentrated more on published arbitration cases than on unpublished cases — first, because the unpublished cases are not citable in California state courts, and second, because there are simply so many of them. However, today, I have gathered five unpublished cases appearing […]
The Case Is Lamps Plus Inc. v. Varela. Yesterday, I posted about three arbitration cases pending before the Supreme Court, one of which is Lamps Plus Inc. v. Varela. Charlotte Garden, Co-Associate Dean For Research and Faculty Development, and Associate Professor at the Seattle University School of Law, has drilled down with a preview of […]
Federal Arbitration Act Cases Pending Before SCOTUS Present Issues of Interpretation Of FAA, And Who Decides Gateway Issues. Henry Schein, Inc. v. Archer & White Sales Inc., scheduled to be argued in November, presents as an issue whether judge or arbitrator decides the gateway issue of arbitrability. The general rule is that the […]
New Blawg Sidebar Category: Infotainment? The WSJ and CNN report today, October 2, 2018, that Pres. Donald J. Trump (aka David Dennison) directed his attorney Michael Cohen to seek a restraining order through an arbitration proceeding to prevent Stormy Daniels (aka Peggy Peterson aka Stephanie Clifford) from airing dirty laundry in a TV […]
Two Books Reviewed By Your Blogger In Latest Issue Of California Litigation. In the latest issue of California Litigation, Vol. 31, No. 2 (2018), p. 44, I've reviewed Cass R. Sunstein's Impeachment: A Citizen's Guide, and Laurence Tribe and Joshua Matz's To End A Presidency: The Power Of Impeachment. You can read the review, which […]
This Is Part Of The Ongoing Google – Uber Litigation/Arbitration Over Alleged Misappropriation By Uber Of Google Self-Driving Car Technology. Google initiated arbitration proceedings against two former employees involved in developing self-driving car technology after the employees formed their own company (Otto) and their new company was acquired by Uber. A discovery dispute […]
Does Exemption In Section 1 Of The FAA For Workers Engaged In Interstate Commerce Apply To Independent Contractors? And Who Decides? We posted earlier about this case on February 26, 2018. The issues presented are: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue […]
Passage Of SB 766 Opens Up Opportunities For Foreign Attorneys To Participate In International Arbitration In California. An excellent article by Eric Z. Chang appearing in California Litigation –The Journal of the Litigation Section of the CLA, Vol. 31,No. 2 (2018), p. 27, explains how an ambiguity in the law as to whether foreign attorneys […]
Consolidated Appeals Brought By Uber Overturn Pro-Driver Rulings Of District Court. O'Connor v. Uber, No. 16-5595, and related appeals (9th Cir. 9/25/18) (Clifton, Tallman, Ikuta) reverses the district court's denial of Uber's motions to compel arbitration, based on Mohamed v. Uber Technologies, Inc., 848 F. 3d 1201 (9th Cir. 2016). Mohamed, which we blogged […]