Dealer Wanted To Go To Three-Arbitrator Panel After Receiving Adverse Arbitration Award, And Everyone Agreed That ADR Arbitral Forum Lacked “Appellate” Rules. So? Plenty of arbitration disputes arise from arbitration clauses in auto sales contracts and leases – hence our sidebar category, “Automobiles.”. Here’s an unusual one, based on fairly common arbitration provisions. Condon […]
Employer Sought To Distinguish Its Case Based On Specific Language Of Arbitration Clause . . . No Go. Williams v. Superior Court, 237 Cal.App.4th 642 (2015) recognizes that a representative action waiver of a PAGA claim is ineffective because the PAGA claim is not divisible into separate individual and representative claims. Because a representative […]
Mediation Of Dispute Between Brothers Drew Our Attention To This Case. Jogani v. Jogani, B268162 (2/1 11/25/16, mod. 11/28/16) (Chaney, Rothschild, Johnson) (unpublished) is about attorney disqualification and conflicts. The underlying dispute among the Jogani brothers appears to have been sliding up and down the California courts for fifteen years, involving a number of […]
There Is No Absolute Bar To Discovery Of Information Designated Confidential In A Settlement Agreement. In 2007, Younan Properties entered into a settlement agreement with its CFO Thompson requiring confidentiality. Thompson had claimed that Younan Properties had engaged in unfair business practices, and wrongfully discharged him. In 2014, investors sued Younan Properties for fraud […]
Key Issue: Who Is A Third Party Within The Meaning of 1281.2(c)? Reger v. Glaser Weil Fink Howard Avchen & Shapiro, LLP, G052352 (4/3 11/22/16) (Aronson, Bedsworth, Ikola) (unpublished) shows how a party with an otherwise valid arbitration clause can be thwarted from arbitrating through the application of Cal. Code Civ. Proc., section 1281.2(c) […]
Obama Administration Has Sought Change In Law To Prevent Educational Institutions Getting Federal Funds From Requiring Students To Sign Pre-Dispute Arbitration Clauses. Jillian Berman reports on July 22, 2016 in MarketWatch that students were able to sue Trump University in the courts because the students were not required to sign pre-dispute arbitration clauses. […]
The European Commission Has Deemed The Privacy Shield Framework Adequate To Enable Data Transfers To US Under EU Law. On July 12, 2016, the European Commission adopted the EU-U.S. Privacy Shield. I am blogging about this because it relates to transfer of data from the EU to the U.S., and this impacts legal matters […]
Mark D. Gough’s Study Seeks To Correct For Systematic Differences In Case Characteristics Between Arbitral And Court Forums. Back on August 19, 2014, I posted about Mark D. Gough’s study of arbitration outcomes arising from his research comparing employment discrimination cases heard in arbitration and civil litigation. At the time, I couldn’t find his […]
Confidentiality May Seem A Self-Evident Feature Of International Arbitration – In Which Case, You May Be Surprised. At the 41st Annual IP Conference held in Santa Barbara, I was asked an excellent question yesterday about dealing with confidentiality in international arbitrations. Unfortunately, this is not a subject about which I had devoted enough thought. […]
Fellow Mediators Erica Bristol, Phyllis G. Pollack, and I Participated On Panel. Above: President Roosevelt and party visiting Old Franciscan Mission in Santa Barbara. 1903. Library of Congress. On November 10, 2016, I had the pleasure of participating in a panel with fellow mediators Erica Bristol and Phyllis G. Pollack in Santa Barbara. […]