Author: calmediation

Arbitration, Class Action, Waiver, FAA: We Eagerly Wait The First Monday In October, And The SCOTUS Hearing On Three Consolidated Arbitration Cases

September 28, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

A Couple Of New Tidbits From SCOTUS Blog. Amy Howe posted again in SCOTUSBlog on September 25, 2017, about the upcoming hearing on October 2 of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, cases requiring SCOTUS to reconcile the Federal […]

Settlement Agreements: Order Granting Motion To Enforce Settlement Agreement Is Affirmed Where Appellant Dwells On Merits Of Underlying Action

September 28, 2017 · Settlement Agreements

In Pro Per Appellant Struggled With Appeals Process. Plainitff Denardo, in propria persona, sued Defendant Givens for damages in a dispute arising from a real estate transaction. With the assistance of counsel, Givens and Denardo mediated their dispute and entered into a written settlement agreement. Denardo received an initial settlement payment, but did […]

Statutorily Mandated Arbitration: Statutorily Mandated Arbitration Scheme For Beer Brewers And Distributors Does Not Create SLAPP-Protected Activity

September 26, 2017 · Arbitration: Statutorily Mandated

A Cold Draught . . . John Margulies, photographer. 1984. Library of Congress. Did you know that in 2007 California enacted special legislation requiring that when a beer brewer replaces a distributor, the successor brewer's designated replacement distributor must negotiate in good faith, and failing that, arbitrate, "to determine the fair market value of the […]

Existence Of Arbitration Agreement/Non-Signatories: Motion To Compel Arbitration Was Properly Denied Because There Was No Single Signed Arbitration Agreement And The Respondent Did Not Have Notice Of Arbitration Requirement

September 21, 2017 · Arbitration: Existence of Agreement

Bridge Player Could Not Be Compelled To Arbitrate With American Contract Bridge League. Only yesterday I blogged about another "existence of arbitration agreement" case, Noor v. Katz. Here comes another one, Blakely v. American Contract Bridge League, A150382 (1/1 9/20/17) (Dondero, Margulies, Banke) (unpublished). These cases are actually surprisingly common. Why? In real […]

Arbitration/Class/Employment: When Worlds Collide — SCOTUS Will Hear Major Arbitration Cases Pitting NLRA Against FAA At Beginning Of New Term

September 21, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Headline Of Article In The Economist Neatly Sums Up The Stakes: "Can Companies Block Employees' Class-Action Lawsuits?" Steven Mazie has authored an article in the September 20, 2017 online edition of The Economist about the competing interests at stake in the three arbitration cases that SCOTUS will hear on October 2 at the […]

Consumers/Fees/Settlement Agreements: Defendants Contesting Fee Award Lose On Appeal Because In Settlement Agreement, They Agreed To Fee Entitlement

September 20, 2017 · Arbitration: Consumers, Arbitration: Fees, Settlement Agreements

Reasonableness Of Award Did Not Need To Be Addressed, Because Entitlement, Which Parties Agreed To, Was The Real Issue. Once a case is settled, some issues need not be litigated, even though the parties may want to do so. Such was the case in Medina v. South Coast Car Company, Inc., D069820 (4/1 […]

Burden Of Proof/Existence Of Agreement: Defendants Failed To Satisfy Burden Of Proof That Agreement To Arbitrate Existed

September 20, 2017 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement

Trial Court Order Denying Defendants' Petition To Arbitrate Is Affirmed. This case was about a matter of timing. Plaintiffs sued defendants, alleging defendants failed to build and develop a Web site as agreed to. Defendants move to compel arbitration. The trial court found defendants failed to show that the arbitration clause related to […]

Arbitration, Fees: Challenges To Arbitrator’s $4M Attorney Fee Award Are Unsuccessful

September 18, 2017 · Arbitration: Fees, Arbitration: Jurisdiction

Attorney Charged Discounted Rate, Delayed Collection, And Accepted Hybrid Free Structure Due To Client's Limited Cash. Attorney James D. Daily helped the Stueve Brothers Farms, LLC (Stueve) recover some $20M in property. Stueve and others (Claimants) then sought to arbitrate their fee dispute with Daily. After the arbitrator awarded Daily $1.35 in hourly fees, and […]

Appealability/Standard Of Review: Appellant Waived Judicial And Appellate Review Of Fee Award By Failing To Raise Objections In Arbitration And In Superior Court

September 18, 2017 · Arbitration: Appealability, Arbitration: Standard of Review

Plus The Court Of Appeal could Not Review Merits Of The Dispute, Which Included Legal And Factual Bases Of The Arbitrator's Award. After William Schwartz arbitrated with Joel Schwartz, the arbitrator declared William the prevailing party and awarded William $264,559.89 in fees and costs. The Superior Court confirmed the award, and Joel timely […]

Mediation Confidentiality: 4/1 CCA Holds That Mediator’s Purported Threat To Tell Judge Plaintiffs Were Reason Case Did Not Settle Is Covered By Mediation Privilege

September 15, 2017 · Mediation: Confidentiality

The Case, Though Unpublished, Is Timely, With California Law Revision Commission Considering Changes In Mediation Confidentiality. Chodosh v. Trotter, et al., D070952 & D070953 (4/1 9/13/17) (Benke, Haller, Dato) (unpublished) offers us a veritable mini-treatise on the mediation confidentiality privilege — most timely, given ongoing efforts by the California Law Revision […]