Category: Arbitration: Choice of Law

Arbitration, Employment, Choice Of Law: California Choice Of Law Provision Does Not Mean Employee Gets To Avoid Arbitration

April 1, 2019 · Arbitration: Choice of Law, Arbitration: Construction of Agreement, Arbitration: Employment

Choice-Of-Law Provision Is Interpreted To Exclude Special Rules Limiting The Authority Of Arbitrators Where The Federal Arbitration Act Governed The Agreement. California Labor Code section 229 provides that wage disputes "may be maintained without regard to the existence of any private agreement to arbitrate." In Bravo v. RADC Enterprises, Inc., B289506 (2/8 3/29/19) (Wiley, Grimes, […]

Arbitration: Choice of Law; Standard of Review: Arbitrator’s Award Of $183,000 In Allocated Fees To One Successful Defendant In Joint Defense Arrangement And Trial Court’s $21,000 In Post-Arbitration Fees To All Defendants Were Proper

June 15, 2018 · Arbitration: Choice of Law, Arbitration: Standard of Review

Losing Plaintiff Claimed Arbitration Award Was “Manifest Disregard Of Law,” But This Was A Federal Standard Rather Than The More Limited State Standard Applicable To Review Of Arbitration Awards. HUB International Ins. Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure, […]

Arbitration/Unconscionability/Severability/Choice Of Law: CCA 1/1 Holds That Arbitration Provision Is Not Unconscionable Under Washington State Law

February 22, 2018 · Arbitration: Choice of Law, Arbitration: Severability, Arbitration: Unconscionability

Washington And California State Law Unconscionability Analysis Are Different. DeGraff v. Perkins Coie California P.C. et al., A148405 (1/1 2/21/18) (Dondero, Humes, Banke ) (unpublished) applies Washington state law to analyze the enforceability of an arbitration provision in a dispute between an attorney and his former law firm. Reversing the order denying the […]

Choice Of Law, Employment, Unconscionability: Concluding That Arbitration Agreement Was Not Unconscionable Under Alabama Law, Third District Reverses Trial Court’s Order Denying Employer’s Petition To Compel Former Employees To Arbitrate

July 26, 2017 · Arbitration: Choice of Law, Arbitration: Employment, Arbitration: Unconscionability

Arbitration Agreement Included Alabama Choice Of Law Provision. Alabama State Flag. When former employees, who were hired as temporary claim adjusters, sued the insurance company that had hired them in a class action complaint alleging various employment violations, the California trial court agreed that the arbitration agreement was unconscionable. Analyzing the trial court's order under […]

Arbitration/Homeowners/References/FAA: Fifth District Affirms Order Denying Motion To Compel Arbitration In Construction Defect Lawsuit

December 16, 2016 · Arbitration: Choice of Law, Arbitration: Federal Arbitration Act, Arbitration: Homeowners, References

The Key: Close Reading Of Provision Providing For Arbitration If Reference Became “Legally Unavailable.” The short but interesting opinion in Freeman v. Froehlich Signature Homes, Inc., F073374 (5th Dist. 12/15/16) (Levy, Gomes, Kane) (unpublished), merits close reading, because it reads like a finely-worded exam question. In a construction defect lawsuit, the trial court […]

Choice of Law; Delegation: Delegation Clause And Agreement Arbitration Disabling Application Of California Law In Employment Dispute Are Found To Be Substantively Unconscionable

July 5, 2015 · Arbitration: Choice of Law, Arbitration: Class, Arbitration: Delegation, Arbitration: Employment, Arbitration: Public Policy, Arbitration: Unconscionability, Arbitration: Vestigial Powers

“Exotic” Choice Of Law Clause Is The Key To This Case. Stained glass in Neiman Marcus store, San Francisco. Carol M. Highsmith, photographer. 2012. Library of Congress. Neiman Marcus drafted an ingenious choice of law clause that the First District, Division Four, describes as “exotic” – perhaps a euphemism for “too clever by […]

Public Policy And Florida Choice Of Law Result In Affirmance Of Order Partially Denying Defendant’s Motion To Compel Arbitration

May 30, 2015 · Arbitration: Choice of Law, Arbitration: Public Policy, Arbitration: Scope

Arbitration of Unlawful Group Boycott Claim Under California Cartwright Act Was The Juicy Florida Choice Of Law Law Issue. HCF Insurance Agency v. Patriot Underwriters, Inc., Case No. B257715 (2/5 May 27, 2015) (unpublished) involved a dispute between plaintiff insurance broker, and defendant program administrator/underwriter, partially governed by an arbitration clause. The Court […]

Arbitration/Choice of Law/FAA/Employment/Unconscionability: Court of Appeal Concludes Plaintiff’s Wage Claims Are Encompassed By Parties’ Contractual Agreement, Reversing Trial Court’s Denial Of Petition To Compel Arbitration

July 21, 2014 · Arbitration: Choice of Law, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Federal Arbitration Act

Also, Burdens Upon The Employee Were Not So Great As To Make Arbitration Provision Unconscionable In our next case, the Court of Appeal, in a published opinion, reversed the trial court’s denial of a petition to compel arbitration. Galen v. Redfin Corporation, A138642 (1st Dist. Div. 1 July 21, 2014) (Dondero, Margulies, Becton) […]

Arbitration/Public Policy/Preemption/Choice of Law: Ninth Circuit Holds That Montana’s Interest In Protecting Consumers From Unfair Arbitration Agreements Is Preempted By The Federal Arbitration Act

July 20, 2013 · Arbitration: Choice of Law, Arbitration: Federal Arbitration Act, Arbitration: Public Policy

And Because Montana Law Was Preempted, Choice of Law Principles Required Application Of New York Law To Consumer Transaction Wild Goose Goose Island Overlook at National Glacier Park, Montana. Author: rmhermen. GNU Free Documentation License. After plaintiffs, who resided in Montana, sued their former Internet services provider Bresnan Communications, for enabling an advertiser […]

Arbitration/Employment/Choice of Law/Preemption: Massachusetts Choice of Law Enables Court of Appeal to Uphold Denial of Petition to Arbitrate Employment Discrimination Claims

April 8, 2013 · Arbitration: Choice of Law, Arbitration: Employment, Arbitration: Federal Arbitration Act

Waiver of Right to Trial of Employment Claims Was Not Clear and Unequivocal One of the hottest areas of contention concerning arbitration is the waiver of statutory rights through arbitration, and whether such a waiver is preempted under AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011). In Harris v. Bingham McCutchen, B240522 (2nd Dist. […]