California Mediation and Arbitration

Category: Arbitration: Arbitrability

Arbitration, Vacatur, Illegality, Fees: Second District, Div. 8 Holds That Arbitrator Could Decide Contract Was Illegal

March 24, 2021 · Arbitration: Arbitrability, Arbitration: Fees, Arbitration: Illegality, Arbitration: Section 1286.2 Vacatur

Who Decides Illegality Of A Contract, The Arbitrator Or The Court?         Michael Bacall, an actor, was represented by Jeffrey Shumway, an attorney, who provided "legal/management services and [Chief Content Officer] services." Bacall alleged Shumway failed to disclose he was "inactive" with the State Bar, and Bacall terminated the contract with Shumway and his company […]

Arbitration, PAGA, Delegation: Second District, Div. 5 Holds That Question Of Whether Plaintiff Is “Aggrieved Employee” Under PAGA Cannot Be Delegated To Arbitrator

March 1, 2021 · Arbitration: Arbitrability, Arbitration: Delegation, Arbitration: PAGA

Efforts By Employers To Have An Arbitrator Decide A Dispositive Part Of A PAGA Claim Continue To Founder. The wreck of the Atlantic. c1873. Currier and Ives. Library of Congress.         The Court of Appeal holds that the delegation of the question whether plaintiffs are "aggrieved employees" to an arbitrator frustrates the purpose of the […]

Arbitrability: 9th Circuit Holds Court Decides Arbitrability Of Collective Bargaining Agreement Silent About Arbitrability

October 1, 2020 · Arbitration: Arbitrability, Arbitration: Collective Bargaining

Commercial Arbitration And Labor Arbitration Agreements Are To Be Analyzed The Same Way. American Nurses somewhere in England, November 2018. Library of Congress.         When the agreement is silent about who decides whether a dispute is arbitrable, does the court or the arbitrator decide? The court decides. However, 9th Circuit case law created an exception […]

Arbitration: On Issue Of First Impression, 9th Circuit Holds Arbitration Obligations Survived Contract Termination

September 12, 2020 · Arbitration: Arbitrability, Arbitration: Class, Arbitration: Enforceability, Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories

Shivkov v Artex Risk Solutions Arises From Tax Shelter Gone Sideways . . .         The numerous Plaintiffs in Shivkov, et al v. Artex Risk Solutions, Inc., et al, No. 19-16746 (9th Cir.  9/9/20) (Smith, Fisher, Hawkins), probably felt that the Artex Risk Solutions was a misnomer by the time they brought suit. Defendants allegedly […]

Arbitration, Celebrities, Delegation: Second District Div. 2 Explains No Authority Permits Sending Matter To Arbitration Simply Because Parties Agreed To Arbitrate Different Matter

September 7, 2020 · Arbitration: Arbitrability, Arbitration: Delegation, Celebrities

A Case To Read On The Limits Of The Delegation Doctrine.         Neal Moritz, the film producer and industry executive associated with the Fast and Furious (FF) franchise, sued Universal City Studios LLC and others for breach of an oral contract and promissory estoppel after the distributor allegedly removed him as lead producer of the […]

Arbitration, Unconscionability: Two Trial Courts Deny Motions To Compel Arbitration, Two Courts Of Appeal Affirm

April 5, 2020 · Arbitration: Arbitrability, Arbitration: Consumers, Arbitration: Delegation, Arbitration: Unconscionability

Elders In Both Cases . . .  Arbitration And An Elder Abuse Act Case.         Dougherty v. Roseville Heritage Partners, et al., C087224 (3rd Dist. 3/30/20) (Krause, Murray, Hoch) is another of the many elder care facility cases in which the enforceability of an arbitration clause is at issue. Here, the trial court denied the […]