"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, […]
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 In recent years, I have concentrated more on published arbitration cases than on unpublished cases — first, because the unpublished cases are not citable in California state courts, and second, because there are simply so many of them. However, today, I have gathered five unpublished cases appearing […]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 […]