Category: Arbitration: Agents

Arbitration/Agents/Nonsignatories/Scope: Executives Sued As Agents Of Company Entitled To Take Advantage Of Arbitration Provision In Contract Between Company And Shareholder

July 31, 2014 · Arbitration: Agents, Arbitration: Nonsignatories, Arbitration: Scope

Plaintiff Alston, the founder of GB, brought a private equity firm into GB in exchange for the firm’s investment in GB to help build the company. Fast forward — Alston is terminated by GB as a director, and sues GB and two executives, alleging misrepresentation, declaratory relief, defamation, interference, and wrongful termination. Because Alston […]

Arbitration/Appealability/Waiver/1281.2/Agents: Court Of Appeal Reverses Denial Of Petition To Compel Arbitration, Because Delay In Bringing Petition Did Not Result In Prejudice

May 21, 2014 · Arbitration: Agents, Arbitration: Appealability, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2, Arbitration: Waiver

Also, California Code of Civil Procedure, Section 1281.2, Did Not Prevent Arbitration, Because Federal Arbitration Act Applied And Preempted State Provision Defendants/appellants in the next case lost a petition to compel arbitration in the trial court. At first blush, they had waived their right to arbitrate, because they delayed bringing their motion to […]

Arbitration/Agents/CCP 1281.2/Stay: Second District, Division 3 Reverses Trial Court’s Denial Of Motion To Compel Arbitration

April 23, 2014 · Arbitration: Agents, Arbitration: Section 1281.2, Arbitration: Stay

Non-Parties To The Arbitration Agreement Were Not “Third Parties” Within The Meaning Of Section 1281.2(c). The trial court denied defendants’ motion to compel arbitration, under the third party litigation exception found in Cal. Code Civ. Proc. 1281.2(c) to the general rule requiring enforcement of an arbitration agreement. Here, only one of several defendants was […]

Arbitration/Agency/Enforceability/CCP 1281.2: Nursing Home’s Petition To Arbitrate Fails For Lack Of Evidence That Husband Delegated Authority To His Wife To Agree To Arbitration

November 5, 2013 · Arbitration: Agents, Arbitration: Enforceability, Arbitration: Section 1281.2

Spouses Are Not Automatically The Agents Of One Another When It Comes To Making Health Care Decisions Mrs. Goldman signed an arbitration provision on behalf of her husband who entered a nursing home. After Mr. Goldman died, Mrs. Goldman sued on behalf of her husband for elder abuse and related wrongs, and in […]

Arbitration/Nonsignatories/Equitable Estoppel/Agency/Third Party Beneficiaries: Ninth Circuit Holds Parties Remain Bound By Agreements They Made And Not By Agreements They Didn’t Make

August 4, 2013 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Many “Imaginative Arguments” Rejected To Get To Simple Conclusion I’ve had the unpleasant experience of purchasing electronic equipment, only to discover later that the seller had booked the sale as a lease. Therefore, our next case, Murphy v. DirectTV, Inc., No. 11-57163 (9th Cir. July 30, 2013) (Wardlaw, J. author 3:0) (published) struck a […]

Arbitration/Employment/Unconscionability: Qualifying Language Requiring Compliance With “Applicable Law” Saves Arbitration Agreement From Being Unconscionable

July 21, 2013 · Arbitration: Agents, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Nonsignatories, Arbitration: Unconscionability

Washington D.C. Bicycle Rental Shop. 1942. Marjory Collins, photographer. Library of Congress. Plaintiff Corbin sued her employer Specialized Bicycle Components, Inc. and its president for harassment, discrimination, and wrongful termination. The trial judge, who commented about the defendant’s failure to provide the JAMS rules, found the agreement unconscionable, and refused to compel arbitration. […]

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 […]