Category: Arbitration: Burden of Proof

Arbitration/Unconscionability/Arbitrability: Sixth District Rules Tort Claims, Including Battery, Are Arbitrable

February 10, 2013 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Enforceability, Arbitration: Nonsignatories, Arbitration: Unconscionability

Decision Reversing Trial Court’s Findings of Unconscionability and Non-Arbitrability of Tort Claims is Very Fact Specific – But Ruling On Tort Claims Is Worth Noting Bigler v. The Harker School, Case No. H037450 (6th Dist. February 6, 2013) (Elia, J., author 3:0) (published) is a reminder judicial determinations of unconscionability and arbitrability are often […]

Arbitration/Construction/Burden of Proof: Fourth District, Division 3 Affirms Contractor’s Right To Arbitrate In Decision That Hinges On The Word “Involves”

January 10, 2013 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement

Disneyland of Construction: Involvement In Project Versus Involvement In Dispute Is The Issue Here Carol M. Highsmith, photographer. Between 1980 and 2006. Library of Congress. Subcontractor Pacific Westline, Inc. sued contractor C.W. Driver, alleging Driver refused to pay for additional work on a hotel at Disneyland. Driver successfully petitioned to compel arbitration, and Pacific […]

Arbitration/Employment/Waiver/Burden of Proof/Construction: Because Collective Bargaining Agreement Did Not “Clearly And Unmistakably” Waive Plaintiffs’ Right to Bring Statutory Claims In Judicial Forum, Employees Did Not Waive Their Rig

August 26, 2012 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Enforceability

Denial of Motion to Compel Arbitration Hinges on Burden of Proof and Existence of Statutory Rights One of the “hot topics” we have posted about is whether the right to sue in court can be waived when the rights at issue are statutory rights. See our June 5, 2012 post on Iskanian v. CLS […]

Arbitration/Waiver/Burden of Proof: Substantial Evidence Supported Waiver of FINRA Arbitration

June 17, 2012 · Arbitration: Burden of Proof, Arbitration: Standard of Review, Arbitration: Waiver

St. Agnes Factors Weighted In Favor of Finding of a Waiver The leading California case for determining whether a waiver of the right to arbitrate has occurred is St. Agnes Medical Center v. PacifiCare of California, 31 Cal.4th 1187 (2003). St. Agnes provides a multi-factor test that the court handily applied in Alspaugh […]

Arbitration: 1st District, Div. 5, Finds No Error In Trial Court’s Decision Invalidating One-Sided Arbitration Clause in Employment Agreement

March 4, 2012 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Severability, Arbitration: Unconscionability

Delegation to the Arbitrator of the Power to Decide Whether the Arbitration Clause is Unconscionable Is “Horse of a Different Color” That Must Satisfy High Evidentiary Standard The employer, CantorCo2e, L.P., and an executive, appealed from an order denying their petition to compel arbitration of the claims under the Federal Arbitration Act (FAA) […]

Nonsignatories/Burden of Proof/Equitable Estoppel/Third-Party Beneficiaries: Third Party Non-Signatories Cannot Successfully Move to Compel Arbitration Agreement Where They Are Neither Sufficiently Tied to The Parties to the Agreement Nor Third Party Bene

February 25, 2012 · Arbitration: Burden of Proof, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Nonsignatory Has Burden of Proof to Establish It is Party to the Arbitration Agreement and Entitled to Enforce It. In Jones v. Jacobson, 195 Cal.App.4th 1 (2011), Societe Generale and a related entity (SG appellants) were sued along with Jacobson by the Joneses in connection with a failed investment, and sought to arbitrate. […]