Author: calmediation

Arbitration, Rules: Senate Republicans Strike Down New Rule That Would Have Allowed Suits Against Financial Institutions In Lieu Of Arbitration

October 29, 2017 · Arbitration: Rules, News

The Congressional Vote Furthers De-Regulation Of Wall Street. In a NYT article entitled, "Consumer Bureau Loses Fight to Allow More Class-Action Suits," Jessica Silver-Greenberg reports about the October 24, 2017 vote in the Senate to roll back a rule written by the consumer bureau and previously intended to go into effect in 2019. […]

Arbitration/Collective Bargaining: Dispute Not Within Scope Of Arbitration Provision In Collective Bargaining Agreement Must Nevertheless Be Arbitrated Under Section 301 Of Labor Management Relations Act

October 18, 2017 · Arbitration: Collective Bargaining

Because Application Of State Labor Code Provision Required Interpretation Of The Collective Bargaining Agreement, Federal Preemption Applied, Requiring Adherence To Grievance Procedure In CBA. San Francisco Giants baseball team plays the Chicago Cubs at AT&T ball park in San Francisco, California. 2012. Carol M. Highsmith, photographer. Library of Congress. General practitioners […]

Arbitration/Vacatur/Res Judicata: Ignoring Res Judicata Effect Of A Prior Arbitration Is At Most An Error Of Law, And Therefore Not In Excess Of The Arbitrator’s Power

October 10, 2017 · Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Section 1286.2 Vacatur

Same Was The Case If The Arbitrator Awarded Nonrecoverable Costs. Without saying the arbitrator made a mistake, the Court of Appeal explains in Dyna, LLC v. GreatCall, Inc., D071003 (4/1 10/10/17) (McConnell, Haller, O'Rourke) (unpublished), "even if the arbitrator erred by ignoring the res judicata effect of a prior arbitration award or […]

Arbitration, Class Action, Waiver, FAA, Employment: Oral Argument For Epic Systems Corp v. Lewis And Consolidated Cases Is Now Available On-Line

October 9, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Epic Systems Corp. And Consolidated Cases Pit FAA Against NLRA. Does the right to arbitrate a case under the Federal Arbitration Act trump the right of employees to engage in concerted activity under the National Labor Relations Act by filing a class action lawsuit against an employer? Oral argument in Epic […]

Arbitration/PAGA: Notwithstanding Federal Arbitration Act, 2/4 CCA Holds PAGA Representative Actions Cannot Be Arbitrated

October 5, 2017 · Arbitration: PAGA

Under What Circumstances Could Predispute Arbitration Agreements Properly Subject PAGA Claims To Arbitration? The arbitrability of PAGA claims continues to generate court opinions. In Christman v. Apple American Group II, LLC, B271937 (2/4 10/4/17) (Manella, Epstein, Collins) (unpublished), the Court notes that Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 […]

Settlements: Stipulation To Enter Judgment For $300K After Defendant Defaults On One-Time Payment of $75K Is An Unenforceable Penalty

October 3, 2017 · Settlement Agreements

Admission Of Liability For Underlying Claims Or For Damages Alleged Might Have Made A Difference. Stipulations to enter judgment upon default for an amount that is larger than an agreed-upon settlement payment continue to confound judges, attorneys, and parties. In Vitatech International, Inc. v. Sporn, G053477 (4/3 9/29/17) (Aronson, Bedsworth, Ikola) (unpublished), the […]

Arbitration/Waiver: Employer’s Delay In Seeking Arbitration And Prejudice To Employee Resulted In Waiver Of Right To Arbitrate

October 3, 2017 · Arbitration: Waiver

After Trial Court Found 2013 Agreement To Arbitrate "Unconscionable", Employer Turned To A 2008 Agreement. After employee Hackney left Arbitech and went to work for a competitor, PNH, Arbitech sued Hackney and PNH for misappropriation of trade secrets and other claims, and the defendants cross-complained. Hackney filed an individual and class action alleging employment-related claims […]

Arbitration/Collective Bargaining/Appealability: Union Employee’s Writ Petition Was Not Proper Route To Challenge Arbitrator’s Award

October 3, 2017 · Arbitration: Appealability, Arbitration: Collective Bargaining, Arbitration: Section 1286.2 Vacatur

San Francisco Trolley Operator's Writ Petition And Motion To Vacate Go Off The Rails. San Francisco Trolley on Market St. 2012. Carol M. Highsmith, photographer. Library of Congress. Appellant's procedural quagmire is underscored by the following statement of the Court of Appeal: "In a somewhat puzzling argument, appellant contests his own standing to challenge the […]

Arbitration/CCP 1281.2/FAA/Existence Of Agreement: 4/3 CCA Hold That, Despite Interstate Commerce, Procedural Aspects Of California Arbitration Act Apply Where Contract Is Silent About Application Of FAA To Procedure

October 2, 2017 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

Oh, And An Attempt At Incorporation By Reference Failed To Create An Arbitration Agreement. Lennar Corporation v. General Security Indemnity Company of Arizona, G053418 (4/3 9/28/17) (Fybel, Aronson, Ikola) (unpublished) involved a dispute between a developer, Lennar, and its excess insurer, General Security, arising after a "drywall product manufactured in China and used in Lennar […]

Arbitration/Public Policy/Section 1281.2/Correction: Award Is Corrected Because Arbitrator Incorrectly Ruled That Plaintiff Breached Arbitration Agreement By Choosing To File A Lawsuit

September 29, 2017 · Arbitration: Gateway Issues, Arbitration: Public Policy, Arbitration: Section 1281.2, Arbitration: Section 1286.6 Correction by Court

Arbitrator Acted Beyond Powers Because Award Violated Party's Statutory Rights And Clearly Defined Public Policy. Instead of initiating arbitration, a party subject to an arbitration agreement chooses to file a lawsuit when a dispute arises. Has the party breached the arbitration agreement? And if the arbitrator issues an award by holding […]