Fourth District Says When Agreement Is Silent, Judge Decides; Second District Says Arbitrator Decides – So The California Supreme Court Will Have To Decide. GATEWAY. Carol M. Highsmith, photographer. 2013. Library of Congress. When the arbitration agreement is silent, who gets to decide whether the arbitration agreement allows for class arbitration? Judge or […]
Richard Chernick, Esq. of JAMS Has Written “A Primer On Arbitrability”. I have posted frequently about “gateway” arbitrability issues, including recent developments concerning gateway arbitrability issues in class and representative actions, and distinctions between substantive and procedural gateway arbitrability issues. See my posts of November 17, 2014, and October 13, 2014. In fact, “Gateway […]
PAGA Is A Representative, Not A Class Action, And So Judge Gets To Decide Whether PAGA Action Is Subject To Arbitration. Defendant and employer Garden Fresh Restaurant Corporation petitioned for a writ of mandate seeking a writ directing the trial court to vacate part of an order leaving it to the arbitrator to determine […]
Fourth District, Division Three Disagrees With U.S. Supreme Court Decision That Found Class Arbitration Question Is A Procedural Issue For Arbitrators To Decide Affirming a trial court’s order denying an employee’s petition to compel class arbitration of his wage and hour claims, the Court of Appeal in Network Capital Funding Corporation v. Papke, […]
Split Of Opinion In District Two Over Enforceability Of Delegation Clauses Poker game of construction workers at canteen, Shasta Dam. Russell Lee, photographer. 1939. Library of Congress. When Lourdes Tiri, a cook fired by Lucky Chances, a card-club casino and restaurant, sued her employer, the employer petitioned to compel arbitration. However, the trial 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, […]
Court Would Not Compel Arbitration Here Where The Beneficiary Had Not Sought The Benefits Of The Trust Instrument, But Rather Challenged Its Validity Pamela McArthur v. Kristi McArthur, A137133 (1st Dist. Div. 5 March 11, 2014) (Bruiniers, Jones, Needham) is a case arising out of an inharmonious “sister act.” The scenario is not […]
Majority Opinion Distinguishes Between Who Decides Arbitrability Of Claims And Who Decides Claims-Processing Requirements On February 26, 2014, I posted that it was time to watch for a decision in BG Group, PLC v. Republic of Argentina,__ S.Ct. __ , 2014 WL 838424. The case was decided on March 5, 2014. Following an […]
Ninth Circuit, In A Case Of First Impression, Follows Second And D.C. Circuits In a case of first impression for the Ninth Circuit, the Court of Appeals holds “that as long as an arbitration agreement is between sophisticated parties to commercial contracts, those parties shall be expected to understand that incorporation of the UNCITRAL […]
Dissenters Worries About Practical Consequences of Arbitrating Furlough Dispute In Budgetary Crisis With this post, I inaugurate a new sidebar category: Collective Bargaining. Facing a fiscal emergency, the City of Los Angeles adopted a mandatory furlough program for its civilian employees. Represented by a union, the employees filed grievances, arguing the furloughs violated […]