Author: calmediation

Arbitration/FAA/Class Actions: Supreme Court Holds Arbitrator Does Not Exceed Powers By Deciding That Class Action Was Available

June 15, 2013 · Arbitration: Class, Arbitration: Delegation, Arbitration: Federal Arbitration Act

Impact of the Case Likely to Be Limited Because of Parties’ Agreement In Oxford Health Plans LLC v. Sutter (Sup. Ct. June 10, 2013) (Kagan, J., author, with Thomas, J., joining in concurrence by Alito, J.), the Supreme Court held that an arbitrator does not “exceed his powers” under section 10(a)(4) of the Federal […]

Mediation/Confidentiality/Settlement Agreement: Second District, Division 2 Says Postsettlement Statement Subject To Confidentiality Agreement “May Prove To Be Costly Rather Than ‘Free’ Speech”

June 9, 2013 · Mediation: Confidentiality, Mediation: Settlement Agreement

Litigation Privilege Does Not Bar Breach of Contract Claim Arising From Violations Of Confidentiality Provisions Contained in a Settlement Agreement Carrie Prejean. Miss California 2009. Miss USA 2009. Donald Trump. Perez Hilton. Same-sex marriage. Compromising video. Does any of this ring a bell? Back in 2009, Carrie Prejean, a former Miss California USA, […]

Arbitration/FAA/Waiver/Public Policy: 6th District Holds Federal Arbitration Act Does Not Permit Arbitration Agreements to Override Statutory Right To Bring Representative Claims Under PAGA

June 8, 2013 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Waiver

Same Issue Is Pending Before California Supreme Court in Iskanian Does the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (PAGA)? That’s the issue pending before the […]

Arbitration/Employment/Unconscionability: Second District, Division 1 Reverses Order Denying Motion To Compel Arbitration, Concluding That Contract Is Not Illusory, And Not Unconscionable

June 8, 2013 · Arbitration: Employment, Arbitration: Unconscionability

Employer’s Right to Change Dispute Resolution Process Is Held In Check By Implied Covenant of Good Faith and Fair Dealing Having just blogged on June 5, 2013, about an opinion authored by Justice Mallano, reversing an order granting a motion to compel arbitration, I now blog about an opinion authored by Justice Mallano, reversing […]

Arbitration/Automobiles/Unconscionability: Second District, Div. 1 Revisits Ruling In Sanchez v. Valencia Holding Company, And Again Concludes That Arbitration Provision In Automobile Sales Contract Is Unconscionable

June 5, 2013 · Arbitration: Automobiles, Arbitration: Consumers, Arbitration: Unconscionability

Split In Appellate Opinion I have a separate sidebar category on “automobiles” because the auto industry spawns many decisions about the enforceability of arbitration clauses in sales contracts. As I have previously posted on August 26, 2012, and January 7, 2013, Sanchez v. Valencia Holding Co. LLC, 201 Cal.App.4th 74 (2012) is pending before […]

Arbitration/Agents/Third Party Beneficiaries/FINRA: Financial Advisor May Be Allowed to Compel Arbitration As Agent and Third-Party Beneficiary of Defunct Member of FINRA

May 28, 2013 · Arbitration: Agents, Arbitration: Enforceability, Arbitration: FINRA, Arbitration: Section 1281.2, Arbitration: Third Party Beneficiaries

The Twist Here: A Defunct Member of FINRA Cannot Compel Arbitration – But Its Agent or Third Party Beneficiary Could Do So Here (Maybe) The Ronay Family Limited Partnership (Ronay) sued its financial advisor Robert R. Tweed, his investment firm TFI, and others, claiming Ronay had lost $4M as a result of bum investment […]

Arbitration/Burden of Proof: Second District Division 2 Affirms Trial Court’s Finding That Defendant Carried Prima Facie Burden of Proof to Make Finding of Existence of Arbitration Agreement

May 27, 2013 · Arbitration: Burden of Proof

Second District, Division 4 and Division 7 Disagree About Need to Fully Authenticate Arbitration Agreement to Meet Initial Burden On May 22, 2013, we blogged about The Fine Living Trust v. Merrill Lynch, Pierce, Fenner & Smith, B240869 (2nd Dist. Div. 7 May 20, 2013) (Jackson, J. author 3:0) (unpublished), holding that the party […]

Arbitration/Burden of Proof: Defendant Merrill Lynch Could Not Compel Arbitration Because It Failed To Authenticate Arbitration Agreement

May 22, 2013 · Arbitration: Burden of Proof

Party Seeking To Arbitrate Has Burden of Proving Existence of Arbitration Agreement Trustee and beneficiaries sued Merrill Lynch, Pierce, Fenner & Smith for freezing an investment account and wrongfully precluding trustee from distributing funds to the beneficiaries. Merrill Lynch moved to compel arbitration, based on a Client Relationship Agreement (CRA) signed by the original […]

Arbitration/Enforcement: Arbitration Provision Fails Because Health Care Power of Attorney Is Invalid

May 22, 2013 · Arbitration: Enforceability

Invalid Power of Attorney Did Not Constitute Sufficient Evidence of Ostensible Authority Grandma’s birthday. 1896. Library of Congress. Mother, in her 90s, suffering from dementia and osteoporosis, allegedly slipped and fell at a residential care facility for the elderly, after being left unattended in the dark on a wet pavement. Found lying in […]

Arbitration/3rd Party Beneficiaries/Equitable Estoppel: 9th Circuit Holds District Court Correctly Concluded Defendant Could Not Invoke Arbitration Clause As 3rd Party Beneficiary or Through Equitable Estoppel

May 20, 2013 · Arbitration: Class, Arbitration: Equitable Estoppel, Arbitration: Third Party Beneficiaries

Defendant Admitted It Did Not Enter Into Contract With Student To Provide Him With Debt Relief Services Student loan debt is an area of our economy ripe to generate cases on arbitration and class action. See for example my April 12, 2013 post about Kilgore v. Keybank, No. 09-16703 (9th Cir. April 11, 2013), […]