A SCOTUS Case Of First Impression. Our next case, a US Supreme Court case, shows that the Court can still issue unanimous opinions in cases that require the application of statutes and that are not politically polarizing. In CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., No. 23-1201, 605 U.S. __ (6/5/25) (Justice Alito), […]
US Supreme Court Rule That One Cannot Look To Underlying Dispute To Establish Jurisdiction Compels Result. "Vacating the district court’s order granting Tesla, Inc. and Elon Musk’s petition to confirm an arbitration award, the panel held that the district court lacked subject matter jurisdiction to confirm the award pursuant to Badgerow v. Walters, 596 […]
On The Difference Between A Final Award And An Interim Award Dismissing Claims But Leaving The Door Open For Additional Claims. In Ortiz v. Elmcrest Care Center, LLC, B330377 (2/3 pub. 11/7/24) (Egerton, Adams, Bershon), Ericka Ortiz, representing the Estate of Jose de Jesus Ortiz, sued Elmcrest Care Center and its staff, alleging elder […]
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 […]
Missing The 100-Day Deadline For Seeking Vacatur Of An Arbitration Award Was Not The End Of The Story Here. It is not possible to improve on the California Supreme Court's summary of the case and its holding: "Law Finance Group, LLC, prevailed in an arbitration against Sarah Plott Key and filed a petition […]
It Is With A Heavy Heart That A Ninth Circuit Panel Tells Us It Can't Fix A Mess. "This award shows in stark terms the real risks that parties assume when they trade away their right to adjudicate their claims in court for the potential efficiencies of arbitration. When, as here, things go wrong, […]
At Play: Applicability Of Labor Code § 925 And California Code Of Civ. Proc. § 1981.4. The scenario in Jinshu "John" Zhang, Petitioner v. Superior Court of Los Angeles, Respondent; Dentons US LLP et al, real parties in interest, B314386 (2/8 11/9/22) (Grimes, Stratton, Wiley), while not exactly common, is also to be expected. […]
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. […]
The Rule SCOTUS Applies To Petitions To Confirm Or Vacate Is Different Than The Rule It Applies To Motions To Compel Arbitration. In an 8-1 decision, Justice Elena Kagan, writing for the court majority, explains that federal courts, when determining whether federal jurisdiction exists to decide a petition to vacate an arbitration award, should […]
Interim Rulings By An Arbitrator Are Not Reviewable Until A Final Award Is Issued. Charlotte Kirk, an actress, entered into a confidential settlement agreement in 2017 with four men who were entertainment industry executives. The agreement contained an arbitration clause. Claiming that Kirk violated the settlement agreement, the executives filed an arbitration demand naming […]