Category: Arbitration: Standard of Review

Collective Bargaining: Second District, Division 4, Holds Trial Court Properly Denied Motion To Compel Arbitration Because Collective Bargaining Agreements Did Not Include “Unmistakable Waiver Of The Right To A Judicial Forum For Individual Statutory C

February 8, 2017 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Standard of Review, Arbitration: Waiver

Where Statutory Violations Are Alleged, Presumption Of Arbitrability Applying To Contractual Disputes Arising Out Of A Collective Bargaining Agreement Does Not Apply. Collective bargaining agreements (CBAs) are a different animal requiring close scrutiny when the question of arbitrability arises in an employment dispute. In Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975 (2/4 2/7/17) […]

Arbitration/Review: Fourth District, Division Two Affirms The Woody Allen Principle

February 6, 2017 · Arbitration: Standard of Review

Woody Allen Principle: "80% Of Life Is Showing Up." Northeast elevation – Woody Allen Road Bridge, Spanning Oothalooga Creek at County Road 316, Adairsville, Bartow County, Georgia. Library of Congress. In Newman v. The Ramona Terrace Community, LLC, No. E066400 (4/2 2/3/17) (Codrington, Hollenhorst, Slough) (unpublished), the Court holds: "Because Newman agreed […]

Pending Cases, Federal Arbitration Act, Standard of Review: Tobacco Companies Petition SCOTUS

August 2, 2016 · Arbitration: Federal Arbitration Act, Arbitration: Standard of Review, Pending Cases

SCOTUSBlog’s “Petition of the Day” Presents Arbitration Issues. “The Jolly Smoker.” Currier & Ives. c1880. Library of Congress. On July 29, 2016, Kate Howard reported on the “Petition of the Day” in R.J. Reynolds Co. v. Maryland, 15-1537, presenting the issues: “(1) Whether, when the Federal Arbitration Act (‘FAA’) governs an arbitration, […]

Arbitration/Standard Of Review/MFAA: Arbitrator’s Error In Stating Amount Of Fees Paid By Client Not A Reason To Overturn Arbitrator’s Award In Attorney-Client Fee Dispute

May 22, 2016 · Arbitration: Disclosures, Arbitration: MFAA, Arbitration: Standard of Review

But Court’s Decision On Fee Award Is Vacated, Because There Was No Reasonable Basis For Assigning Different Hourly Rates To Two Attorneys. Baxter v. Bock, A142372, A142984, A143689 (1/1 May 18, 2016) (Margulies, Humes, Dondero) (unpublished) rather starkly illustrates the application of different standards of review to the arbitration award in an attorney’s fees […]

Unconscionability, Standard of Review, Employment: On Grounds Of Unconscionability, First District, Div. 4 Affirms Order Denying Employer’s Motion To Compel Arbitration

August 20, 2015 · Arbitration: Employment, Arbitration: Standard of Review, Arbitration: Unconscionability

State Law Unconscionability Principles Are Not Preempted By The Federal Arbitration Act – So Long As They Do Not Uniquely Target Arbitration Agreements. Carlson v. Home Team Pest Defense, Inc., A142219 (1/4 Aug. 17, 2015) (Ruvolo, Reardon, Streeter) (certified for publication) affirms an order denying an employer’s motion to compel arbitration, on grounds that […]

Arbitration, Class Action, Delegation, Collateral Estoppel, Standard Of Review: Federal Order Vacating Arbitration Award Binds State Court

April 12, 2015 · Arbitration: Class, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Collective Bargaining, Arbitration: Delegation, Arbitration: Standard of Review

“Manifest Disregard Of The Law” Federal Standard For Vacating Award Worked To Employee’s Advantage Here. Our next case involves arbitration issues addressed in three forums: a Labor Management Committee, state courts, and federal district court. Plaintiff/Petitioner Wawock petitioned for a writ of mandate, seeking an order directing the superior court to deny defendant CSI’s […]

Arbitration, Employment, Public Policy, Standard Of Review: Cal Supreme Court Rules Arbitrator May Have Erred About Employee’s Unwaivable Statutory Rights, But Valid Alternative Ground Existed For Dismissing Employee

January 29, 2015 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Standard of Review, Arbitration: Waiver

California Supreme Court Leaves Employer’s “Honest Belief Defense” Unsettled. This case fits under the rubric “no harm, no foul.” Plaintiff Richey sued his employer AutoNation, Inc., for terminating his employment after he went out on sick leave, thereby violating his right to reinstatement under the California Family Rights Act (CFRA). While on sick […]

Arbitration, Waiver, Standard of Review: Awareness Of Right To Arbitrate, Actions Inconsistent With Arbitration, And Prejudice Add Up To Waiver Of Right To Arbitrate

January 1, 2015 · Arbitration: Standard of Review, Arbitration: Waiver

Court Distinguishes Recent Cases Finding No Waiver Of Right To Arbitrate. In Bower v. Inter-Con Security Systems, Inc., Case No. A135940 (1/3 Dec. 31, 2014) (McGuiness, Pollack, Siggins), the Court of Appeal held that substantial evidence supported the trial court’s finding that defendant waived its right to arbitrate individual claims with plaintiff in […]

Sixth District Affirms Trial Court’s Order Denying Cisco’s Motion To Compel Arbitration, Based On Independent Review That Backflip’s Claims Are Not Covered By Arbitration Clause

December 3, 2014 · Arbitration: Construction of Agreement, Arbitration: Standard of Review

Strong Policy In Favor Of Arbitration Yields To Court’s Independent Review Of What Parties Intended By Their Contractual Language. In Backflip Software, Inc. v. Cisco Systems, Inc., No. H040382 (6th Dist. Dec. 3, 2014) (Bamattre-Manoukian, Elia, Mihara) (unpublished), the Court concludes, based on its independent review of contractual language, the trial court did not err […]

Arbitration/Award/Standard Of Review: Judgment Is Largely Affirmed Based On Standard Of Review, With Modification Regarding Accrual Of Prejudgment Interest

October 3, 2014 · Arbitration: Award, Arbitration: Standard of Review

An Episode Of “Real Real Estate Owners Of Orange County” . . . The opening paragraph clues us that the panel found this appeal tiresome: “This case is the result of a business relationship gone so bad that the arbitrator likened it to ‘a highly contested family law dissolution replete with acrimony, significant […]