Appellate Court Found That Trial Judge Must Make Determination To Add Alter Ego Nonsignatory, With JAMS Rule Not Dictating A Different Result. Benaroya v. Willis, Case No. B281761 (2d Dist., Div. 4 May 17, 2018) (published) (Willhite, J., concurred in by Epstein, P.J. and Collins, J.) (yes, the matter did involve action star Bruce […]
Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award. The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim […]
Failure To Highlight Provision In Multi-Page Employment Handbook And To Notify Employees That Signing The Handbook With The Provision Could Forfeit Their Ability To Participate In The Existing Class Action Cemented The Unconscionability Conclusion. In law school, many of us got introduced to the notion of contractual unconscionability through the interesting decision in Campbell […]
Issue Deals With Whether Generalized Language Was Akin To Silence Under Stolt-Nielsen. In Stolt-Nielsen v. AnimalFeeds International Corp., 55 U.S. 662, 684, 687 (2010), the U.S. Supreme Court (SCOTUS) held that the differences between bilateral and class-action arbitration are too great to presume the parties’ mere silence on the issue of class-action arbitration constitutes […]
The Options: The Other Side Can Pay Arbitration Fees, Or The Matter Can Move To Court. "In its majestic equality," wrote Anatole France, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." So does this principle of equality mean that the law forbids a […]
$78,154.49 In Unpaid Fees Plus $126,406.25 In Fees Plus $36,681.57 In Costs Plus $133,362.50 In Fees From Court For Motion To Compel And Motion To Confirm Award. On April 28, 2018, my colleague Mike Hensley posted on Caswell v. Jamgotchian, Case No. B271389 (2d Dist., Div. 3 Apr. 24, 2018) (unpublished) in our California Attorney's Fees blawg. […]
Does Delegation To Arbitrator Of Arbitrability Issue Need To Occur Even If Arbitration Claim Is Wholly Groundless? In the April 18, 2018 on-line issue of ScotusBlog, under "Petition of the Day," Aurora Barnes posts: "Henry Schein Inc. v. Archer and White Sales Inc. 17-1272 Issue: Whether the Federal Arbitration Act permits a court to […]
Court Of Appeal Couldn't Find Case Or Rule Preventing This Procedure. EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., B281595 (2/2 3/28/18) (Chavez, Lui, Ashmann-Gerst), presents a situation that arises from time to time in arbitration: a prevailing party seeks to recover attorney's fees, costs, or both, after an earlier entry of […]
Most Of The Top Companies Have Arbitration Clauses, And More Than Half Have Class Action Waivers. Prof. Imre Szalai, Judge John D. Wessel Distinguished Professor of Social Justice, Loyola University New Orleans College of Law, has published an article entitled "The Widespread Use of Workplace Arbitration Among America's Top 100 Companies." […]
Stormy Weather . . . Above: Video/recording: Comedian Harmonists Sing Quand Il Pleut (Stormy Weather/Ohne Dich). 1933. News about our latest reality show, Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson v. Donald J. Trump a.k.a. David Dennison, and Essential Consultants, LLC, LASC Case No. BC696568 (filed March 6, 2018) is […]