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 […]
An LPS Conservatorship Only Created Authority To Make Decisions Concerning Health Care And Treatment, Not Authority To Agree To Arbitration. Health care facilities are a fertile breeding ground for problems enforcing arbitration agreements. The problems usually stem from deciding who has authority to agree to arbitration, who has capacity, and whether the claims to […]
Defendant Electronic Arts (EA) Fails To Shoot Down Plaintiff J.R. J.R., a minor, sued video game producer EA. J.R. "alleged that EA deceptively induced players of Apex Legends, 'especially impressionable minors,' to purchase digital game-specific currency in order 'to purchase cosmetic items, characters, lootboxes, and other items within the Apex Legends virtual world.'” The […]
Majority Of Panel Holds That Substantive Unconscionability Was Missing. Justice Stratton Dissents. Writing for the majority, Justice John Shepard Wiley Jr. explains that the above contract is enforceable, requiring the plaintiff employee to arbitrate her dispute. Though the document is manifestly illegible, Justice Wiley concludes that the contract is fair. Therefore, there is no […]
Nursing Homes Continue To Create Arbitration Problems. If our readers use the sidebar search box, they will discover other cases involving nursing homes. Sometimes the problem of enforcing an arbitration agreement involving a nursing home resident arises because a relative signs for the resident, and issues arise as to whether the relative had authority […]
The Wrinkle Is That After A Year, Defendant/Appellant Filed A Fictitious Business Name Statement. Wrinkles. "Val Morgan, a retired attorney for the U.S. agency that oversees federal health-care payments, relaxes with two of her three wrinkly-faced, short-muzzle pug dogs, 14-year old Loretta, left, and 17-year-old Gus." Library of Congress. Photographer: Carol M. […]
Just Because Some Work Was Done By An Attorney Not Licensed In California Doesn't Necessarily Mean The Arbitration Agreement Or The Fee Agreement Is Unenforceable. Plaintiff Mark Brawerman sued Loeb & Loeb, arguing the law firm failed to protect his interests in negotiating with the venture capital firm Wasserstein & Co., resulting in the […]
Existence Of Agreement Was Not An Issue To Delegate To Arbitrator. Fiona Trinity sued Life Insurance Company of North America and individuals (LINA parties) for employment-related claims. The LINA Parties moved unsuccessfully to compel arbitration in the trial court, and the Court of Appeal affirmed. The LINA parties could not establish the […]
Just Following The Law, Or Gaslighting? Farmworker Martinez-Gonzalez, on behalf of himself and other employees, brought a wage and hour lawsuit against a farm labor contractor and a grower. The district court held that defendants could not enforce an arbitration agreement, because the employee had signed under economic duress or undue influence. […]
August 12, 2021 Was A Day Rich In 9th Circuit Arbitration Decisions. Santiago Lim v. TForce Logistics, LLC, No. 20-55564 (9th Cir. 8/12/21) (Smith, Owens, Robreno). This case is about the gateway decision of arbitrability, delegation of that decision, and unconscionability. The panel holds that the delegation and arbitration clauses are procedurally and substantively […]