Category: Arbitration: Appealability

FAA, Appealability, Discovery: 9th Circuit Holds That Non-Reviewable Order Does Not Become Reviewable When Combined With Reviewable Order Denying Arbitration

August 6, 2023 · Arbitration: Appealability, Arbitration: Discovery, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

Two Orders Combined In One Document Did Not Metamorphose Into Single Appealable Order. Metamorphosis of butterfly. Wikipedia article "Metamorphosis". The district court denied a motion to compel arbitration brought by the defendant and denied a motion to dismiss for lack of jurisdiction brought by the defendant based, in part on defendant's claim of […]

Arbitration, Discovery, Appealability: In An Uninsured Motorist Arbitration, The Only Way To Challenge A Discovery Order Before Judgment Is With A Writ

April 6, 2022 · Arbitration: Appealability, Arbitration: Automobiles, Arbitration: Discovery, Arbitration: Section 1286.2 Vacatur

A Case Of First Impression. Unless you practice in this area, you may not know that in an uninsured motorist arbitration between the motorist with uninsured motorist coverage and her insurance company, discovery disputes are addressed to the court, not to the arbitrator. State Farm Mutual Automobile Insurance Company v. Cora Robinson, A158467 (1/1 […]

Arbitration, Appealability, Jurisdiction, Celebrities: Second District, Div. 7 Declines To Consider Interim Award Of Preliminary Injunctive Relief

March 3, 2022 · Arbitration: Appealability, Arbitration: Celebrities, Arbitration: Jurisdiction

Interim Rulings By An Arbitrator Are Not Reviewable Until A Final Award Is Issued. Charlotte Kirk, an actress, entered into a confidential settlement agreement in 2017 with four men who were entertainment industry executives. The agreement contained an arbitration clause. Claiming that Kirk violated the settlement agreement, the executives filed an arbitration demand naming […]

Arbitration, Appealability, Jurisdiction, Existence of Agreement: District Court Should Have Summarily Ruled On Existence Of Agreement Before Denying Motion To Arbitrate

July 10, 2021 · Arbitration: Appealability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

There Is A Method To This . . . Before I get to the case, I should mention that I'm playing "catch up." I've fallen somewhat behind on posting, between a busy mediation calendar and some travel to visit a newly born child in the family. But it's the weekend, so let's see how […]

Arbitration: Ninth Circuit Rules That Plaintiff’s Voluntary Dismissal With Prejudice, After Defense Motion To Compel Arbitration Is Granted, Does Not Create Appellate Jurisdiction

December 30, 2020 · Arbitration: Appealability, Arbitration: Jurisdiction

A SCOTUS Case Effectively Overruled An Earlier Ninth Circuit Opinion. In Damian Langere v. Verizon Wireless Services, No. 19-55747 (9th Cir. 12/29/20) (Bumatay, Parker, Watford), the court holds, "the voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction." The rule had been otherwise in the Ninth Circuit in […]

Arbitration, Construction Of Agreement, Reference: Trial Court Properly Denied Motion To Compel Arbitration Or For A Reference

September 12, 2019 · Arbitration: Appealability, Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, References

An Order Denying A Judicial Reference Is Not Appealable, Even When Coupled With An Order Denying Arbitration, Which Is Appealable. A frequent source of confusion with motions to arbitrate is an arbitration provision that refers to both the Federal Arbitration Act (FAA) and California law. Indeed, that was the source of confusion (somewhat […]

MFAA, Appealibility, Jurisdiction: An Order Denying A Petition To Compel A Mandatory Fee Arbitration Act Arbitration Is Not Appealable

June 17, 2019 · Arbitration: Appealability, Arbitration: Fees, Arbitration: Jurisdiction, Arbitration: MFAA

Appealability Under The Mandatory Fee Arbitration Act Is Different Than Appealability Under The California Arbitration Act. The holding of Levinson Arshonsky & Kurtz LLP v Kim (2/1 5/29/19) (Weingart, J.), is that an order denying a petition to compel an MFAA arbitration is not appealable. Therefore, the Court of Appeal lacks jurisdiction to […]

Arbitration: Tetrad Of Unpublished Cases Present Issues Concerning Mandatory Fee Arbitration, Res Judicata, Existence Of Agreement, 1281.2, Appealability

November 29, 2018 · Arbitration: Appealability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Existence of Agreement, Arbitration: MFAA, Arbitration: Section 1281.2

Ferguson v. Camarillo Health Care District, B281856 (2/6 11/28/18) (Tangeman, Gilbert, Yegan) (unpublished). When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]

Arbitration, Employment, Confidentiality, Construction, Unconscionability: First District, Division 1: Armendariz Is Good Law, Making Law Firm’s Arbitration Agreement Unconscionable

November 8, 2018 · Arbitration: Appealability, Arbitration: Civil Rights, Arbitration: Confidentiality, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Severability, Arbitration: Unconscionability

Under Armendariz Framework, Court Finds Parties' Arbitration Agreement Is Unconscionable. Constance Ramos, "an experienced litigator and patent practitioner with a doctorate in biophysics" petitioned the Court of Appeal to vacate superior court Judge John Stewart's order granting the motion of her erstwhile employer, Winston & Strawn, to compel arbitration of her employment/FEHA dispute. […]

Arbitration, Discovery, Appealability: Court Of Appeal Reverses Superior Court’s Discovery Order Granting Uber’s Petition To Vacate Arbitration Panel’s Discovery Decision

October 1, 2018 · Arbitration: Appealability, Arbitration: Discovery

This Is Part Of The Ongoing Google – Uber Litigation/Arbitration Over Alleged Misappropriation By Uber Of Google Self-Driving Car Technology. Google initiated arbitration proceedings against two former employees involved in developing self-driving car technology after the employees formed their own company (Otto) and their new company was acquired by Uber. A discovery dispute […]