California Mediation and Arbitration

Author: calmediation

Public Policy: Trial Court’s Confirmation Of Arbitrator’s Attorney’s Fees Award Is Reversed Because Law Firm Simultaneously Represented Adverse Parties In Unrelated Matters.

January 31, 2016 · Arbitration: Appealability, Arbitration: Delegation, Arbitration: Fees, Arbitration: Public Policy

Under California Law, Where Party Challenges An Entire Contract As Illegal Or In Violation Of Public Policy, The Question Of Enforceability Is For The Court To Decide.      A substantial fee dispute between Sheppard, Mullin, Richter & Hampton, LLP and its client J-M Manufacturing Co., Inc., resulted in an arbitrator’s award to Sheppard, Mullin that […]

Nonsignatories: Successor By Merger Can Enforce Arbitration Agreement That It Did Not Sign

January 2, 2016 · Arbitration: Nonsignatories

DLA Piper Rudnick Gray Cary US LLP Had Standing To Enforce Arbitration Agreement.       One of our more prolific sidebar categories is “Nonsignatories.”  Quite a few disputes have been spawned when a nonsignatory to an arbitration agreement seeks to enforce it, under various theories that include incorporation by reference, assumption, agency, veil-piercing or alter ego, […]

Arbitration, Class, FAA Preemption: Professor Ronald Mann Provides Analysis Of SCOTUS Ruling In DirectTV v. Imburgia

December 15, 2015 · Arbitration: Class, Arbitration: Federal Arbitration Act

His Opinion Analysis Is Titled, “Justices rebuke California courts (again) for refusal to enforce arbitration agreement” — And That About Says It All.      On December 14, 2015, the United States Supreme Court decided DirecTV v. Imburgia,  The SCOTUS syllabus states the holding:   “Because the California Court of Appeal’s interpretation is pre-empted by the Federal […]

Arbitration, Collective Bargaining: Ninth Circuit Reversed District Court’s Order Denying Arbitration, Because Six-Month Statute of Limitations Had Not Run Under Section 301 Of The Labor Management Relations Act

December 6, 2015 · Arbitration: Collective Bargaining, Arbitration: Employment

Ninth Circuit Panel Blames Employer For Not Making Good Faith Effort To Address Merits Of Dispute.      SEIU United Health Care Workers-West v. Los Robles Regional Medical Center, No. 13-55672 (9th Cir. Dec. 3, 2015) (Pregerson, Parker, Nguyen) holds “that it is a breach of the duty of good faith performance under Section 301 […]

Arbitration, Existence Of Agreement, Unconscionability, Automobiles: Automobile Purchaser Reasonably Relied On Spanish Translation, Which Did Not Contain Arbitration Clause, Of English Contract That Did Contain Arbitration Clause

November 29, 2015 · Arbitration: Existence of Agreement, Arbitration: Unconscionability

Relying On Common Law Principles Of Contract Formation, The Court Of Appeal Ducks Deciding Whether Failure To Comply With Statutory Provision Requiring Spanish Translation Of Contract Resulted In Unconscionability.      Ordinarily, one who signs a contract without understanding its contents will nevertheless be bound by it, just as one who fails to wear reading glasses […]

Arbitration, Class, Severability, Delegation, Class Action: Court Of Appeal Holds Arbitration Clause Enforceable, Except For Severable Fees And Costs Provision In Consumer Arbitration

November 29, 2015 · Arbitration: Class, Arbitration: Costs, Arbitration: Delegation, Arbitration: Fees, Arbitration: Severability

Fees And Costs Provision In Consumer Arbitration Was Unconscionable Here.      This case involves a common scenario in which a business sells a good or service that is financed, the business is unable to fully perform, and the lender seeks to enforce an arbitration provision when it gets sued.  Here, the Court of Appeal held […]

U.S. Chamber Of Commerce Trashes NYT Special Report Dumping On Arbitration

November 5, 2015 · Reviews

U.S. Chamber Of Commerce Is Not Amused.      On November 1 and 2, I reported on the NYT Special Report about arbitration – articles highly critical of the spread of arbitration.  While the report is one-sided in its approach, it does serve to highlight the revolution that is quietly occurring in our legal system, as […]

Arbitration, Employment, FAA, Burden Of Proof: Berman Hearings Are Short-Circuited By Enforceable Arbitration Provision

November 5, 2015 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act

Keep On Truckin’ . . . In Arbitration.     We have posted before about the “Berman hearing”, named after Congressman Howard Berman, and providing workers with a procedure intended to provide “a speedy, informal, and affordable method of resolving wage claims” with the California Labor Commissioner.  Under California law, it cannot be waived.  However, if […]