Confidentiality and Sexual Harassment. Peter J. Marx, an experienced mediator and arbitrator affiliated with Alternative Resolution Centers (ARC) has written a short article entitled, "Confidentiality: Special Considerations In Sexual Harassment Cases." The article is available on the ARC website at this link. Mr. Marx recounts a mediation involving alleged date-rape, alcohol, […]
The Case Includes Good Discussion Of What Constitutes A Judicial Admission. With narrow exceptions, an arbitrator's decision cannot be reviewed for errors of fact or law. One such exception, which was invoked by the Appellant in Shenoi Koes LLP v. Bank of America, et al., B281756 (2/4 1/31/18) (Willhite, Epstein Manella) (unpublished) is […]
Emptying The Courtrooms . . . The January 27, 2018 edition of The Economist has two short articles critical of arbitration in the US: "Shut out by the small print" (p. 10) and "Kept out of the courthouse" (p. 61). The articles are somewhat duplicative — here are a few of the highlights: In […]
Because Federal Courts Are Courts Of Limited Jurisdiction, The Procedures Differ. We posted on December 4, 2017, about Sayta v. Chu, A148823 (1/5 11/29/17) (published), an opinion that "offers an object lesson on the requirements to invoke [Cal. Code of Civ. Proc.] section 664.6 and the consequences of failure to comply with those […]
How Long You Can Wait To Challenge A Judgment Confirming Arbitration Award Depends On Whether Court Compelled Participation In The Arbitration, Or Whether You Simply Allowed The Arbitration To Proceed Without Objection. Appellant waited more than seven years to attack a superior court judgment confirming an arbitration award in FIA Card Services, N.A. […]
A Textbook Example Of How Difficult It Is To Challenge An Arbitration Award. Our next case involved a family dispute in the California wine industry, following the death of the family patriarch. Nickel v. Far Niente Wine Estates, LLC, et al., A150513 (1/1 12/29/17) (unpublished). Affirming the trial court's denial of […]
New Year Resolutions — Till They Melt ! Punch. 1913. Library of Congress.
And Such An Agreement To Arbitrate Disputes Invoking The Criminal Law Would Be Contrary To Public Policy. The context for our next case is California's Bad Check Diversion Program (Program), created to relieve California courts of the case overload caused by the criminalization of the writing of bad checks with intent to defraud. The statutory […]
Your Blogger Has Authored A Review Of Ari Berman's Book About The Voting Rights Act Of 1965. I've written a review of Ari Berman's book, "Give Us The Ballot." The review, which appears in the latest issue of California Litigation, The Journal of the California State Bar, is republished here, with the permission […]
Ninth Circuit Joins Majority Of Circuits On Issue That Divides The Circuits. Based on a reading of the "plain meaning" of the Federal Arbitration Act, specifically, 9 U.S.C. section 7, the Ninth Circuit holds: "[T]he FAA does not grant arbitrators the power to order third parties to produce documents prior to an arbitration hearing."CVS […]