Author: calmediation

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 Lennar Corporation v. General Security Indemnity Company of Arizona, G053418 (4/3 9/28/17) (Fybel, Aronson, Ikola) (unpublished) involved a dispute between a developer, Lennar, and its excess insurer, General Security, arising after a "drywall product manufactured in China and used in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 […]

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 […]