California Mediation and Arbitration

Category: Arbitration: Public Policy

Arbitration/Public Policy/Section 1281.2/Correction: Award Is Corrected Because Arbitrator Incorrectly Ruled That Plaintiff Breached Arbitration Agreement By Choosing To File A Lawsuit

September 29, 2017 · Arbitration: Gateway Issues, Arbitration: Public Policy, Arbitration: Section 1281.2, Arbitration: Section 1286.6 Correction by Court

Arbitrator Acted Beyond Powers Because Award Violated Party's Statutory Rights And Clearly Defined Public Policy.         Instead of initiating arbitration, a party subject to an arbitration agreement chooses to file a lawsuit when a dispute arises.  Has the party breached the arbitration agreement?  And if the arbitrator issues an award by holding […]

Arbitration: Employment, Public Policy, Standard Of Review: Court Of Appeal Rejects Contentions That Arbitrator Exceeded Powers By Issuing Award In Violation Of California Public Policy

May 16, 2017 · Arbitration: Public Policy, Arbitration: Standard of Review

  The King vs. Medieval Knights . . .      Plaintiff Scott Ehredt, a performer in medieval style games at Medieval Knights, sued claiming that Medieval Knights had misappropriated his likeness in advertising images, notwithstanding a release that he had provided.  The matter was arbitrated, and after receiving an adverse award, Mr. Ehredt appealed. Ehredt […]

Arbitration/Waiver/Public Policy/FAA: California Supreme Court Rules That Arbitration Provision Eliminating Any Forum For Obtaining “Public Injunctive Relief” Is Unenforceable

April 6, 2017 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Nor Is There Federal Arbitration Act Preemption.     In a long-awaited and important decision, the California Supreme Court addresses the validity of a provision in a predispute arbitration agreement that waives the right to seek “public injunctive relief” as a statutory remedy in any forum. McGill v. Citibank, N.A., No. S224086 (Sup. Ct. 4/6/17). Reversing the […]

Arbitration, Public Policy, Record: Slight Record And Failure To Show Violation Of Well-Settled Public Policy Dooms Challenge To Arbitrator’s Award

December 5, 2016 · Arbitration: Fees, Arbitration: Public Policy, Arbitration: Record

Absence Of A Record Was A Major Problem For Appellant.      Law Offices of Mark Waecker, APC v. Pius Kim, B268212 (2/5 12/1/16) (Turner, Kriegler, Kumar) (unpublished) illustrates the proposition that an arbitrator’s decision is generally not reviewable for factual or legal errors.  Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992).  Therefore, the Court […]

Arbitration, Enforceability, Consumers: MarketWatch Reports Trump University Could Be Sued In Court Because It Didn’t Have Arbitration Clause With Students

November 22, 2016 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Public Policy

Obama Administration Has Sought Change In Law To Prevent Educational Institutions Getting Federal Funds From Requiring Students To Sign Pre-Dispute Arbitration Clauses.      Jillian Berman reports on July 22, 2016 in MarketWatch that students were able to sue Trump University in the courts because the students were not required to sign pre-dispute arbitration clauses.       […]

Collective Bargaining/Public Policy Exception: Ninth Circuit Reverses District Court’s Decision That Vacated Arbitrator’s Award On Erroneous Grounds Arbitrator’s Interpretation Of Agreement Was Not “Plausible” And Was Contra

May 22, 2016 · Arbitration: Collective Bargaining, Arbitration: Public Policy

Opinion Clarifies Limited Role Played By Courts In Reviewing Labor Arbitration Awards.      In Southwest Regional Council of Carpenters v. Drywall Dynamics, Inc., No. 14-55250 (9th Cir. May 19, 2016) (Berzon, Owens, Marbley), the Ninth Circuit reverses a district court order vacating an arbitration award in a labor case, along the way criticizing use of […]

Arbitration/Employment: Arbitration Award Of Fees Against Employee Losing Overtime Claim Properly Vacated Under Public Policy Exception To Arbitral Finality

March 28, 2016 · Arbitration: Employment, Arbitration: Public Policy

  Arbitral Award Was Properly Corrected To Take Into Account That Labor Code Section 1194 Is A One-Way Fee Shifting Award.     California Attorney’s Fees posts today on  Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published), an employment law case in which the Court of Appeal agreed […]

Public Policy: Trial Court’s Confirmation Of Arbitrator’s Attorney’s Fees Award Is Reversed Because Law Firm Simultaneously Represented Adverse Parties In Unrelated Matters.

January 31, 2016 · Arbitration: Appealability, Arbitration: Delegation, Arbitration: Fees, Arbitration: Public Policy

Under California Law, Where Party Challenges An Entire Contract As Illegal Or In Violation Of Public Policy, The Question Of Enforceability Is For The Court To Decide.      A substantial fee dispute between Sheppard, Mullin, Richter & Hampton, LLP and its client J-M Manufacturing Co., Inc., resulted in an arbitrator’s award to Sheppard, Mullin that […]

Department Of Corrections: Say Whaaat? SingerLewak v. Gantman, Certified For Publication Yesterday Morning, No Longer Certified By Yesterday Afternoon

September 1, 2015 · Arbitration: Public Policy, Pending Cases

Court of Appeal’s Jurisdiction To Authorize Publication Expired.      Just yesterday,  in the preceding post, I reported the Court of Appeal, Second District, Division 8, had authorized publication of SingerLewak v. Gantman, a case offering an excellent discussion of the so-called “public policy exception” that, when it is found it exist, allows for judicial review […]