Category: Arbitration: Discovery

Discovery: Sixth District Holds Arbitration Agreement Is Enforceable Where Discovery Rules Are Lenient Enough

February 10, 2025 · Arbitration: Discovery, Arbitration: Enforceability, Arbitration: Unconscionability

The Court Of Appeal Distinguished Between The More Lenient Discovery Provisions In Vo And The Tougher Discovery Restrictions In Aixtron. In Vo v. Technology Credit Union, H051619 (6th Dist. 2/4/25) (Greenwood, Grover, Danner), the California Court of Appeal reviewed an arbitration agreement signed by Thomas Vo, an employee of Technology Credit Union (TCU). After […]

FAA, Appealability, Discovery: 9th Circuit Holds That Non-Reviewable Order Does Not Become Reviewable When Combined With Reviewable Order Denying Arbitration

August 6, 2023 · Arbitration: Appealability, Arbitration: Discovery, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

Two Orders Combined In One Document Did Not Metamorphose Into Single Appealable Order. Metamorphosis of butterfly. Wikipedia article "Metamorphosis". The district court denied a motion to compel arbitration brought by the defendant and denied a motion to dismiss for lack of jurisdiction brought by the defendant based, in part on defendant's claim of […]

Arbitration, Discovery: A “Hearing” Subpoena That Is Functionally A Discovery Subpoena Is Improper In Arbitration

July 9, 2023 · Arbitration: Discovery

The Court Of Appeal Chose Substance Over Form. The subpoena provisions of the California Arbitration Act do not give an arbitrator the power to issue “prehearing discovery subpoenas.” Aixtron, Inc. v. Veeco Instruments, Inc., 52 Cal.App.5th 360 (2020). Tim McConnell v. Advantest America, Inc., D080532 (4/1 filed 5/4/23 pub. 6/15/23) (Do, Huffman, O'Rourke) […]

Ninth Circuit Holds Jurisdiction Exists To Enforce Arbitral Document Subpoena In California For International Arbitration Pending In DC

August 3, 2022 · Arbitration: Discovery, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

Fighting About Obtaining Discovery In International Arbitration Pending In US . . . A problem occasionally encountered in arbitration is getting a court to enforce a document subpoena issued by the arbitrator. That was the problem in Jones Day v. Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey, Mitchell Zuklie, 21-16642 (9th Cir. […]

Arbitration, Agency, Choice Of Law, Discovery: 9th Circuit Holds District Court Should Allow Discovery To Determine If Client Authorized Attorney To Agree To Arbitrate

July 5, 2022 · Arbitration: Agents, Arbitration: Choice of Law, Arbitration: Discovery

Factual Questions Existed As To Whether Lawyer's Client Authorized Agreement To Arbitrate. Plaintiff Barbara Knapke sued PeopleConnect, the owner of Classmates.com, for allegedly making unauthorized use of her name and likeness. Before filing the lawsuit, Knapke's attorney Reilly logged in to the Classmates.com website, and in doing so, agreed to arbitrate. Did […]

Arbitration, Discovery: SCOTUS Rules Federal Courts Can’t Grant US Discovery For Arbitration Outside US

June 14, 2022 · Arbitration: Discovery

Foreign Arbitration Panels Are Not A "Foreign Or International Tribunal". A district court can order the production of evidence “for use in a proceeding in a foreign or international tribunal.” 28 U.S.C. § 1782(a). The United States Supreme Court, in a unanimous decision authored by Justice Amy Coney Barrett, holds that a foreign arbitration […]

Arbitration, Unconscionability: CCA 2/2 Agrees Adhesive Contract Allowing Unfair Fee Shifting And Drastically Limiting Discovery Is Unconscionable

April 12, 2022 · Arbitration: Discovery, Arbitration: Unconscionability

Joseph Merced Nunez v. Cycad Management LLC, B306986 (2/2 3/18/22) (Lui, Ashmann-Gerst, Chavez). Nunez, a gardener, sued Cycad for employment-related claims. Cycad moved, unsuccessfully, to compel arbitration. The Court of Appeal now holds: "Substantial evidence supports factual findings that the Agreement is adhesive because it was presented to Nunez as a nonnegotiable condition of […]

Arbitration, Discovery, Appealability: In An Uninsured Motorist Arbitration, The Only Way To Challenge A Discovery Order Before Judgment Is With A Writ

April 6, 2022 · Arbitration: Appealability, Arbitration: Automobiles, Arbitration: Discovery, Arbitration: Section 1286.2 Vacatur

A Case Of First Impression. Unless you practice in this area, you may not know that in an uninsured motorist arbitration between the motorist with uninsured motorist coverage and her insurance company, discovery disputes are addressed to the court, not to the arbitrator. State Farm Mutual Automobile Insurance Company v. Cora Robinson, A158467 (1/1 […]

Arbitration, Discovery, Constitutional Issues: Claimant’s Avoiding Discovery In Arbitration Allowed Arbitrator To Draw Adverse Inferences

July 22, 2021 · Arbitration: Constitutional issues, Arbitration: Discovery

"… we compliment the arbitrator on providing a thorough and well-reasoned award and orders." As you have surmised from our lede, it did not go well for the plaintiff and appellant JP-Richardson, LLC, because the trial court's judgment granting the petition to confirm the arbitration award against JP-Richardson was affirmed. JP-Richardson, LLC v. Pacific […]

Arbitration, Jurisdiction, Discovery: Ninth Circuit Determines How Amount Requirement In Diversity Jurisdiction Applies To Subpoenas Issued By Arbitrators

March 31, 2021 · Arbitration: Discovery, Arbitration: Jurisdiction

The Majority Looks At The Amount-In-Controversy In The Underlying Dispute, And The Concurring Opinions Looks At The Amount Involved In The Discovery Dispute. The panel in Maine Community Health Options v. Albertsons Companies, Inc., No. 20-35931 (9th Cir. 3/31/21) (Hurwitz, Fletcher; Watford concurring) determines how "the amount-in-controversy requirement in 28 U.S.C. § 1332(a) is […]