Ninth Circuit Allows Equitable Tolling For Claim To Vacate Award Brought More Than Four Years After Entry Of Award. Fraud against Truth. Currier & Ives. 1872. Library of Congress. Yikes! In 2009, Move, Inc. lost a multi-million dollar securities claim before a three-member FINRA (Financial Industry Regulatory Authority) arbitration panel. In 2014, Move learned […]
Unlike The Arbitration Agreement In Iskanian, The Agreement Here Did Not Include A Waiver Of The Right To Bring A PAGA Representative Claim. The Court in Eaton v. Big League Dreams Manteca, LLC, C079374 (Third District 11/2/16) (Renner, Nicholson, Murray) (unpublished) addresses an issue that some may have thought was settled after Iskanian: whether […]
The Circuits Disagree About Class Action Waivers In Arbitration, The NLRA, And Prohibition Of “Concerted Activities” In Pursuit Of Employees’ “Mutual Aid Or Protection”. On October 11, 2016, I blogged that on September 8, a petition for a writ of certiorari had been filed by the accounting firm in Morris v. Ernst & […]
“Vet Your Fee Arbitrator Early.” In May 2016, I posted on the then unpublished case Baxter v. Rock, and posted later that the case was partially published. 247 Cal.App.4th 775 (2016). Relying on the case, I pointed out that an arbitrator’s mistake about an attorney’s fees award was no basis for overturning the award […]
Petitioner And Respondent Frame Issue Quite Differently. I wrote about Kindred Nursing Centers Limited Partnership v. Clark in an August 5, 2016 post, stating that the nursing company petitioning from the Kentucky Supreme Court to SCOTUS presented the issue thusly: ”Whether the FAA preempts a state-law contract rule that singles out arbitration by requiring […]
Is There A Meaningful Distinction Between Contract Enforcement And Contract Formation For Purposes Of FAA Preemption? Kate Howard’s October 26, 2016 post about “Petitions To Watch” in Scotusblog notes that an arbitration case, Tamko Building Products, Inc. v. Hobbs, No. 15-1318, is up for consideration at the conference of October 28, 2016. According […]
Here’s A Good Example Of Why It Is Harder To Set Aside A Mediated Spousal Settlement Than An Unmediated, Negotiated Settlement. In Marriage of Cooke, B257791 (2/7 10/17/16) (Segal, J.) (unpublished), the wife moved for entry of a stipulation for judgment that she and her husband signed. The opinion rather vividly describes the the […]
California Courts Have Repeatedly Held That PAGA Claims Are Between Employee Acting On Behalf of State, And Employer, And Therefore Arbitration Cannot Be Compelled By Employer. Iskanian v. CLS Transportation Los Angeles LLC, 59 Cal.4th 348 (2014) held, “[A] PAGA claim lies outside the FAA’s coverage because it is not a dispute between an […]
Fees Request Treated As “Hot Potato” By Arbitrator And Judge. A nice post dated October 20, 2016 in California Attorney’s Fees summarizes the convoluted procedure in Miceli v. Staples, Inc., Case No D070676 (4th Dist., Div. 1 Oct. 20, 2016) (unpublished), describing the case as one “where the arbitrator and court tossed an attorney’s […]
Substantive Rights Created By USERRA Are Not Lost By Arbitrating. On the one hand, on the other hand . . . On the one hand, there is a liberal federal policy favoring arbitration agreements. On the other hand, the Federal Arbitration Act’s arbitration mandate can be “overridden by a contrary congressional command.” Does […]