Category: Arbitration: Standard of Review

Arbitration, Employment, Standard Of Review: Employee Who Explicitly Rejects Arbitration Agreement Is Bound By It By Continuing To Work

April 18, 2019 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Standard of Review

Justice Segal Dissents. An employee can impliedly accept an arbitration agreement by continuing to work for his or her employer. But what happens when the employee explicitly rejects the arbitration agreement yet continues to work, after the employer has said that continuing to work will bind the employee to arbitration? The trial court […]

Arbitration, FAA, Standard of Review: 9th Circuit Agrees With District Court That Arbitrator’s Award Was “Irrational”

January 29, 2019 · Arbitration: Federal Arbitration Act, Arbitration: Section 1286.2 Vacatur, Arbitration: Standard of Review

"We have become an arbitration nation," says the Court. The 9th Circuit affirmed the district court's order vacating an arbitration award under the Federal Arbitration Act, concluding that the arbitrator acted beyond his powers, rendering an award that was "irrational", failing to "draw the essence of the award" from subcontracts. Aspic Engineering and Construction […]

Collective Bargaining, Standard Of Review: 9th Circuit Concludes Arbitrator Acted Within His Authority When Reforming Labor Agreement To Cure Mutual Mistake

December 4, 2018 · Arbitration: Collective Bargaining, Arbitration: Standard of Review

And Judge Ikuta Dissents. The Ninth Circuit affirmed the district court's order confirming an arbitration award in favor of a union seeking relief concerning a bonus provision in the parties' collective bargaining power. The employer had argued that the arbitration award was invalid because the arbitrator reformed the Basic Labor Agreement (BLA) between the […]

Arbitration: Choice of Law; Standard of Review: Arbitrator’s Award Of $183,000 In Allocated Fees To One Successful Defendant In Joint Defense Arrangement And Trial Court’s $21,000 In Post-Arbitration Fees To All Defendants Were Proper

June 15, 2018 · Arbitration: Choice of Law, Arbitration: Standard of Review

Losing Plaintiff Claimed Arbitration Award Was “Manifest Disregard Of Law,” But This Was A Federal Standard Rather Than The More Limited State Standard Applicable To Review Of Arbitration Awards. HUB International Ins. Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure, […]

Arbitration/FAA/Class Action/Standard Of Review: Court Of Appeal Rejects Enforcing Class Action Waiver Under Federal Arbitration Act, Because FAA Does Not Apply To Workers Engaged In Transporting Goods

February 23, 2018 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Standard of Review, Arbitration: Waiver

Gentry v. Superior Court: It's Alive, It's Alive! Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) held that class action waiver provisions in a contract are unenforceable, and a motion to compel arbitration may be denied, where the so-called "Gentry factors" are satisfied, and it is determined that a class action is a […]

Appealability/Standard Of Review: Appellant Waived Judicial And Appellate Review Of Fee Award By Failing To Raise Objections In Arbitration And In Superior Court

September 18, 2017 · Arbitration: Appealability, Arbitration: Standard of Review

Plus The Court Of Appeal could Not Review Merits Of The Dispute, Which Included Legal And Factual Bases Of The Arbitrator's Award. After William Schwartz arbitrated with Joel Schwartz, the arbitrator declared William the prevailing party and awarded William $264,559.89 in fees and costs. The Superior Court confirmed the award, and Joel timely […]

Arbitration, Standard Of Review, Delegation, Vacatur: Second District, Div. 1 Rules Trial Court Erred By Failing To Apply Correct Legal Standard To Review Of Arbitrator’s Award

August 21, 2017 · Arbitration: Delegation, Arbitration: Section 1286.2 Vacatur, Arbitration: Standard of Review

Agreement Between The Parties That Award Could Be Reviewed For Legal Error Made The Difference. In Harshad & Nasir Corporation v. Global Sign Systems, Inc., and related appeals, B269427, B275942, B275947 (2/2 8/15/17) (Rothschild, Chaney, Lui), the Court of Appeal considered three related appeals of parties fighting over allegedly unpaid invoices amounting to $114,823.72, […]

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/Disclosure/Standard of Review: Court Of Appeal Agrees There Is No Basis To Disqualify Arbitrator For Failing To Disclose.

April 26, 2017 · Arbitration: Disclosures, Arbitration: Standard of Review

Bon Ton Burlesquers. c1898. Library of Congress. The Court of Appeal applies a de novo standard of review to arbitrator disclosure issues (unless the trial court’s decision is based upon disputed facts, in which case a substantial evidence standard or review applies). In Mitchell Anthony Productions LLC v. Jennifer Hamilton, B269969 (2/5 4/12/17) […]

Arbitration, PAGA, Standard Of Review, FAA: Fourth District Division One Agrees Predispute Arbitration Clause Cannot Be Enforced With A PAGA Claim

March 8, 2017 · Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Standard of Review

The Employee Brought A Single Cause Of Action For PAGA Violations. At first blush, Betancourt v. Prudential Overall Supply, E064326 (4/2 March 3, 2017) (Miller, Ramirez, McKinster), another opinion holding that PAGA claims cannot be arbitrated (more about the holding), is unremarkable. However, there are interesting points in the case that help explain why it […]