Author: calmediation

Arbitration, Res Judicata: Third District Holds That Licensee Not Participating In Arbitration Can Assert Res Judicata Effect Of Arbitration Award

August 23, 2017 · Arbitration: Collateral Estoppel/Res Judicata

Key Here To Finding Res Judicata (Claim Preclusion) Is Licensee's Derivative Liability. Gold Dredge. Klondike River. May 31, 1915. Library of Congress. A confirmed arbitration award (which, however, was not reduced to judgment 1) enabled George Reed, Inc. to assert res judicata against Cal Sierra Development, Inc. Cal Sierra Development, Inc., Plaintiff and […]

Arbitration, Class Action, Waiver, FAA: Coming Soon To The Supreme Court: Can Employees Sign Away Their Rights In Arbitration Provisions To Sue Their Employer In A Class Action?

August 23, 2017 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Subscript Law Has A Snappy Explainer. Today's SCOTUSBlog mentions that Subscript Law has a nice explainer boiling down three consolidated arbitration cases that the United States Supreme Court will be hearing at the beginning of its new term. The key issue in these cases: can employees sign away their rights to file class […]

Arbitration, Standard Of Review, Delegation, Vacatur: Second District, Div. 1 Rules Trial Court Erred By Failing To Apply Correct Legal Standard To Review Of Arbitrator’s Award

August 21, 2017 · Arbitration: Delegation, Arbitration: Section 1286.2 Vacatur, Arbitration: Standard of Review

Agreement Between The Parties That Award Could Be Reviewed For Legal Error Made The Difference. In Harshad & Nasir Corporation v. Global Sign Systems, Inc., and related appeals, B269427, B275942, B275947 (2/2 8/15/17) (Rothschild, Chaney, Lui), the Court of Appeal considered three related appeals of parties fighting over allegedly unpaid invoices amounting to $114,823.72, […]

Miscellaneous: Mediation Quality

August 13, 2017 · Uncategorized

ABA Section of Dispute Resolution — Task Force on Improving Mediation Quality Final Report. In 2008, the ABA Section of Dispute Resolution issued a Final Report on mediation quality. This report is available on-line. The Task Force narrowly focused on mediation quality in private practice civil cases where the parties are usually […]

Arbitration, Employment, Class Actions, Waivers: Anita Hill’s Op-Ed In NYT Today Argues Class Actions Could Fight Discrimination In Tech, But Soft-Pedals Obstacle Of Arbitration/Class Action Waivers

August 8, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

My Mini-Comment Is Posted To NYT Website. Anita Hill, who famously testified during Justice Clarence Thomas's confirmation hearing, has written an Op-Ed for the NYT entitled, "Class Actions Could Fight Discrimination In Tech", appearing on-line today, August 8, 2017. She observes, uncontroversially: "Women in tech no doubt have hurdles to bringing class-action lawsuits, including […]

Arbitration, PAGA: Fifth District Holds That Claims To Recover Wages Under Labor Code Section 558 Are Not A Representative Action Under PAGA, And Therefore Can Be Arbitrated

August 2, 2017 · Arbitration: Employment, Arbitration: PAGA

Employers Strive To Close The PAGA Representative Action Escape Hatch From FAA Preemption And Arbitration. Ever since the California Supreme Court held in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014) that Private Attorneys General Act of 2004 (PAGA) representative actions are not subject to arbitration, employers preferring arbitration have struggled […]

Arbitration, Vacatur: Mistake Of Law Or Fact Does Not Provide Basis For Vacating Arbitration Award Finding Existence Of Oral Agreement To List Real Property For Sale.

August 2, 2017 · Arbitration: Section 1286.2 Vacatur

Even If Oral Listing Agreements Are Generally Forbidden, The Court Adds That The Receipt Of Confidential Information And A Fiduciary Relationship Support The Result. Plaintiff Kalo sued defendant Alam for breach of an oral listing agreement to sell real property, fraud, and breach of fiduciary duty. Kalo alleged that Alam, who was originally retained as […]

Arbitration, Enforceability, Consumers, Existence Of Agreement, Nonsignatories: Assignee Of Credit Card Account Agreement Could Enforce Arbitraiton Provision Against Credit Card Holder

August 2, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Existence Of Agreement Was Established With Affidavit Of A Person With First-Hand Knowledge Of Procedures. Early Example Of Credit Card. Plaintiff Yenko filed a putative class action lawsuit against Crown Asset Management, LLC, a debt buyer that purchased plaintiff's alleged charged-off credit card debt. The trial court held that Crown, as the assignee of […]

Arbitration, Section 1295: Fourth District, Div. 1 Holds That Arbitration Agreement In Medical Service Contract Is Effective On Execution

August 1, 2017 · Arbitration: Section 1295 (Medical Malpractice)

Justice Huffman Dissents. Baker v. Italian Maple Holdings, LLC, D069797 (4/1 7/31/17) (Aaron, O'Rourke; Huffman, dissenting), an elder abuse, negligence, wrongful death case, holds that a medical services agreement becomes effective upon execution, and that the 30-day "cooling off" period in Cal. Code of Civ. Proc. section 1295 is not a condition precedent to […]

Arbitration, Appealability: Was The Judgment Appealable, And If Not, Could It Be Reviewed By Writ? The Parties Answer Yes, Yes. The Court Of Appeal Answers No, No.

August 1, 2017 · Arbitration: Appealability

Partial Final Award Here Was Not A Final Award. When I read, "[a]fter a rather convoluted multi-year path, the parties agreed to arbitration in lieu of the superior court litigation," I had a queasy feeling that the parties are not at the end of that path. Nor were my expectations disappointed in Kaiser Foundation […]