Can A Merits Award In Arbitration That Affects Rights Of Third Party Who Did Not Participate In Arbitration Be Corrected? The majority opinion in E-Commerce Lighting, Inc. v. E-Commerce Trade LLC, E074525 (4/1 12/9/22) (Raphael, Ramirez; dsst. Mentrez), answered the above question with a "no", reversing the trial judge. Judge Menetrez, dissenting, answered "yes," […]
This Case Is Must Reading For Determining Whether An Arbitrator's Ruling Is An Award. "As this case highlights, whether an arbitrator's ruling constitutes an 'award' is a significant event." Lonky v. Patel, B295314 consolidated with B297632 (2/2 7/2/20) (Hoffstadt, Lui, Chavez). Indeed. The arbitrator can continue to issue interim rulings before there […]
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 […]
Contention That There Was Error In Confirming The Award Was Not Before The Court. To quote the late Steve “The Crocodile Hunter” Irwin, “Crikey!”. On appeal, defendant Porter argued that the arbitrator exceeded his authority, as a result of which confirmation of the arbitration award was error, citing Cal. Code Civ. Proc., section […]
Court Does Not Decide Whether Contractual Provision Limiting Arbitrator’s Power To Apply Definition Of “Prevailing Party” Other Than Found In Agreement Would Be Unenforceable As Violative Of Public Policy. Does an arbitrator who applies the statutory definition of “prevailing party” found in Civil Code Section 1717(b)(1), rather than than the definition the parties contractually […]
Post-Termination Of License Royalties Were Part Of $128.3M Arbitration Award. In Amkor Technology, Inc. v. Tessera, Inc., A139596 (1/3 Nov. 25, 2014) (Pollak, Siggins, Jenkins) (unpublished), the Court of Appeal affirmed part of a larger arbitration award for $128.3M. Procedural hurdle. Appellant Amkor stumbled on a procedural hurdle: Its petition to correct […]
Arbitrator Did Not Exceed His Powers By Enforcing Oral Fee Splitting Arrangement Attorneys Cohen and Sheinkopf had an oral agreement to split client fees: 75% to Cohen, 25% to Sheinkopf. After the two attorneys went their separate ways, they arbitrated a fee dispute in which the arbitrator enforced their oral fee splitting agreement, resulting […]
Maxim of Equity: “No one can take advantage of his own wrong.” (Civ. Code, section 3517). Defendant/Appellant Donn Zellet appealed from a judgment confirming an arbitration award for $376,418 in damages, contending the arbitrator exceeded her powers in grossly miscalculating damages, and the superior court erred in not correcting the award. Clark v. […]
Once Again, Fourth Appellate District Demonstrates That Often There’s More Than One Way To Skin A Cat Where Arbitration Deadlines Are Involved Cats. 1927. Library of Congress. On April 4, 2014, we posted about the way a plaintiff found to get around a deadline in arbitration: after the time ran out to modify […]
Arbitrators Acted Within Their Powers, So It Didn’t Change Results Even If They Erred In the underlying dispute, Plaintiffs obtained a substantial award of $150,000 compensatory and $302,784 in punitive damages, blown out when the Court of Appeal ruled that the dispute, related to lease provisions, was subject to arbitration. Defendants then moved, successfully, […]