Category: Arbitration: Deadlines

Arbitration, Delegation, Waiver, Jurisdiction, Deadlines: Conduct Of Parties Evidenced Consent To Allow Arbitrator To Decide The Issue Of His Own Jurisdiction

February 9, 2018 · Arbitration: Deadlines, Arbitration: Delegation, Arbitration: Jurisdiction, Arbitration: Waiver

To Ask The Question Is To Answer It . . . My law professors seemed fond of that old chestnut, "to ask the question is to answer it." Once you know the question presented by the Court of Appeal in Douglass v. Serenivision, Inc., B277574 (2/2 2/18/18) (Hoffstadt, Lui, Chavez) (published), you will […]

Deadlines: Appellant Forfeited Ability To Challenge Judgment Confirming Arbitration Award Based On Lack Of Jurisdiction By Permitting The Arbitration To Proceed Without Objection

January 24, 2018 · Arbitration: Deadlines, Arbitration: Section 1286.2 Vacatur

How Long You Can Wait To Challenge A Judgment Confirming Arbitration Award Depends On Whether Court Compelled Participation In The Arbitration, Or Whether You Simply Allowed The Arbitration To Proceed Without Objection. Appellant waited more than seven years to attack a superior court judgment confirming an arbitration award in FIA Card Services, N.A. […]

Arbitration/Administrative/Deadlines: Court Of Appeal Finds No Denial Of Due Process Where Terminated Fire Captain Failed To Follow County’s Procedures

October 31, 2017 · Arbitration: Administrative, Arbitration: Deadlines

Sutter County Only Had A Duty To Provide An Opportunity For Arbitration Review Of Termination Decision, Not To Provide Review. Sutter County. January, 1942. Lee Russell, photographer. Marileeann Simpson holds a pan of vegetables freshly gathered from her family's garden at the FSA (Farm Security Administration) farm workers community. Yuba City. Library of Congress. […]

Arbitration, Deadlines, Vacatur, Jurisdiction: Request To Vacate Award Made More Than 100 Days After Service Of Award Is Too Late, And Defective Service Of Award Is Not Jurisdictional

June 1, 2016 · Arbitration: Deadlines, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

Court of Appeal Distinguishes Between Service For Purposes Of Notice And Service For Purposes Of Jurisdiction. Claimants appealed a judgment entered after the trial court granted the petition of insurer GEICO to confirm an award in its favor in an uninsured motorist case where there were questions about coverage. GEICO General Ins. Co. v. […]

Arbitration: Deadlines, Waiver, Scope, Employment, Enforceability, FINRA, Arbitrability — An Assortment Of Recent (Unpublished) Arbitration Cases And Issues

March 31, 2015 · Arbitration: Deadlines, Arbitration: Employment, Arbitration: Enforceability, Arbitration: FINRA, Arbitration: Scope, Arbitration: Waiver

Deadlines: Lombard Knight v. Rainstorm Pictures, Inc., B253246 (2/1 March 25, 2015). In this case involving agreements to finance the production of motion pictures, Plaintiff sought to “confirm” a multi-million dollar arbitration award, while also asking to dismiss individuals, on the grounds that they had not been properly served, and jurisdiction over them […]

Arbitration, Deadlines, Vacatur: Court of Appeal Rejects Carrier’s Argument That Arbitrator Exceeded Her Powers And That Award Was Untimely.

January 11, 2015 · Arbitration: Deadlines, Arbitration: Section 1286.2 Vacatur

Lanois v. Employers Fire Insurance Company, Case No. B251403 (2/1 Jan. 9, 2015) (Chaney, Rothschild, Johnson) (unpublished) involved an underinsured motorist insurance carrier’s challenge to an arbitration award, on the grounds that the award was rendered untimely, and that the arbitrator exceeded her powers by adding interest to a 950K award, after the […]

Arbitration/Deadlines/Correction: Arbitrator Did Not Exceed Powers By Awarding Post-Termination Royalties After License Agreement Ended And Appellant Missed Deadline To Seek Correction Of Award

November 26, 2014 · Arbitration: Deadlines, Arbitration: Section 1286.6 Correction by Court

Post-Termination Of License Royalties Were Part Of $128.3M Arbitration Award. In Amkor Technology, Inc. v. Tessera, Inc., A139596 (1/3 Nov. 25, 2014) (Pollak, Siggins, Jenkins) (unpublished), the Court of Appeal affirmed part of a larger arbitration award for $128.3M. Procedural hurdle. Appellant Amkor stumbled on a procedural hurdle: Its petition to correct […]

Mandatory Fee Arbitration Act/Deadlines/Standard of Review

May 14, 2014 · Arbitration: Deadlines, Arbitration: MFAA, Arbitration: Standard of Review

Failure To Observe 30-Day Deadline To File Rejection Or Request Trial Tubes Appeal Rothman v. Deshay, Case No. B245075 (2nd Dist. Div. 4 May 13, 2014) (Epstein, Manella, Edmon) (unpublished) is a Court of Appeal case that has its genesis in mandatory fee arbitration between attorney Rothman and client Deshay. Though unpublished, the case […]

Arbitration/Vacatur/Deadlines: Too Late To Correct Arbitrator’s Award In High-Low Arbitration, Appellant Could Still Enforce “High-Low” Limit To The Award With Motion Requiring A Satisfaction Of Judgment

April 13, 2014 · Arbitration: Deadlines, Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court

Once Again, Fourth Appellate District Demonstrates That Often There’s More Than One Way To Skin A Cat Where Arbitration Deadlines Are Involved Cats. 1927. Library of Congress. On April 4, 2014, we posted about the way a plaintiff found to get around a deadline in arbitration: after the time ran out to modify […]

Arbitration/Deadline/Delegation/Vacatur: Fourth District, Div. 1 Affirms Trial Court’s Order Denying Plaintiffs’ Motion To Vacate Award Because Parties Agreed Arbitrators Could Decide Whether The Arbitration Was Timely — Or Not

April 8, 2014 · Arbitration: Deadlines, Arbitration: Delegation, Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court

Arbitrators Acted Within Their Powers, So It Didn’t Change Results Even If They Erred In the underlying dispute, Plaintiffs obtained a substantial award of $150,000 compensatory and $302,784 in punitive damages, blown out when the Court of Appeal ruled that the dispute, related to lease provisions, was subject to arbitration. Defendants then moved, successfully, […]