Once Again, Judicial Review Of Arbitration Awards Is Extremely Limited. Kenneth J. Catanzarite, representing plaintiffs, filed an opposition to defendant's petition to confirm the award. The court imposed $37,000 in sanctions against Catanzarite for presenting unsupported and meritless arguments, including a claim that the arbitrator had refused to consider evidence, despite no evidence supporting […]
The Arbitrator's Relationship With GLAAD Was Irrelevant To The Dispute. The arbitration award was confirmed and affirmed on appeal in Malek Media Group LLC v. AXQG Corp., B299743 (12/16/20 )) (Dhanidina, Lavin, Egerton), a case in which the disgruntled appealing party sought to disqualify the arbitrator for failure to disclose his connection with […]
Moral Here Is To Pursue Arbitration If You Elect To Do So. Mike Hensley, my co-contributor on the calattorneysfees.com website, has done a recent post about N.D. Cal. U.S. District James Donato’s July 24, 2018 order in which he will be imposing yet-to-be-sought sanctions against Fitbit and its defense counsel in a consumer action. […]
Waiver, Invited Error, And Sharp Practices Doom The Appeal. Justice Ikola grabs the reader by the lapels in the opening lines of Diaz v. Professional Community Management, Inc., G053909 (4/3 certified for pub. 11/8/17) (Ikola, O'Leary, Aronson): "A 'sharp practice' is defined as a 'dealing in which advantage is taken or sought unscrupulously. […]
Trial Court’s Order Denying Sanctions Under CCP 128.7 Is Affirmed In Optimal Markets, Inc. v. Salant, Case No. H038571 (6th Dist. Nov. 26, 2013) (unpublished), the Court explains: “There is no authority supporting the position that a superior court, after a matter has been stayed and ordered to binding arbitration, may impose section 128.7 […]