Category: Arbitration: Waiver

Arbitration/Class Action Waiver: Iskanian v. CLS Transportation Los Angeles Compels Reversal Of Order Denying Ralphs’ Petition To Arbitrate

November 11, 2014 · Arbitration: Class, Arbitration: Waiver

Legal Rationale Forming The Basis For The Trial Court’s Ruling Has Been Abrogated By Iskanian. The California Supreme Court held in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014) that Gentry v. Superior Court had been abrogated by the SCOTUS decision in AT&T Mobility LLC v. Concepcion, 563 U.S. __ [131 […]

Waiver/Agents/FINRA: 4th District, Division 3 Affirms Denial Of Petition To Compel Arbitration In One Case, And Reverses Denial Of Motion To Compel Arbitration In Another

October 27, 2014 · Arbitration: Agents, Arbitration: FINRA, Arbitration: Third Party Beneficiaries, Arbitration: Waiver

Waiver Of Arbitration Results In Affirmance Of Denial Of Petition To Arbitrate. The Court of Appeal affirmed denial of a petition to compel arbitration, finding substantial evidence to support appellant’s waiver of a right to arbitrate its dispute. LPT Properties, LLC v. Wystein Opportunity Fund, LLC et al., G048803 (4/3 Oct. 21, 2014) (Fybel, […]

Arbitration/Employment/Waiver/Class Action: Following Iskanian, 2nd District Div 2 Holds Employee Cannot Waive PAGA Representative Claims

September 8, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

Also,There Was No Basis Here For Sending The PAGA Representative Claims To Arbitration Rather Than Court In Jones v. J.C. Penney Corporation, Inc., Case No. B246674 (2/4 Sept. 5, 2014) (Edmon, Willhite, Manella) (unpublished), plaintiff brought a representative claim under the Labor Code Private Attorneys General Act of 2004 (PAGA), alleging employer J.C. […]

Arbitration/Disclosure/Waiver: 5th District Narrowly Construes Statutory Language That Ethics Requirements Applicable To Arbitrators “Are Nonnegotiable And Shall Not Be Waived”, Concluding Certain Disclosure Requirements Can Be Waived

August 26, 2014 · Arbitration: Disclosures, Arbitration: Waiver

It All Depends On What “Waiver” Means In United Health Centers Of The San Joaquin Valley, Inc. v. Superior Court of Fresno County, Case No. FO67763 (5th Dist. Aug. 25, 2014) (Gomes, Kane, Detjen), Dr. Jennifer Vradenburg-Haworth, the Real Party in Interest, sued her employer UHC in a wrongful termination case, was compelled to […]

Arbitration/Gateway Issues/Waiver/Employment: Court Of Appeal Affirms Order Denying Employer’s Motion Seeking To Compel Kurt The CyberGuy To Arbitrate

August 12, 2014 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Gateway Issues, Arbitration: Jurisdiction, Arbitration: Waiver, Celebrities

Opinion Addresses Substantive Versus Procedural Arbitrability – And Who Gets To Decide Kurt Knutsson, aka Kurt the CyberGuy, and his company, Woojivas, Incorporated, filed claims against KTLA, LLC, a television broadcaster, for breach of contract, misappropriating CyberGuy’s name and likeness, unfair business practices, and age discrimination. The company brought a motion to compel arbitration […]

Arbitration/Employment/Class/Waiver: Second District, Div. 1 Follows Supreme Court Iskanian Precedent Holding That Right To Bring A Representative Action Under The Private Attorneys General Act (PAGA) Can’t Be Waived

July 30, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

Waiver Is Contrary To Public Policy And PAGA Dispute Is Between Employer And The State. “The sole issue presented on appeal is the enforceability of a waiver of the right to bring a representative action . . . under PAGA . . . That issue has recently been resolved against Pep Boys by the […]

Arbitration/Employment/Waiver: Employer Did Not Waive Right To Enforce An Arbitration Agreement By Waiting Until Employee’s Wage Claim Had Been Heard In A Berman Hearing

July 23, 2014 · Arbitration: Employment, Arbitration: Waiver

Employer Did Not Waive Its Right To Arbitrate Wage Claim And So Trial Court’s Order Denying Employer’s Motion To Compel Arbitration Is Reversed Fremont Automobile Dealership, LLC, A137266 (1/2 July 23, 2014) (Richman, Kline, Brick) (unpublished) addresses the still somewhat murky relationship between the interaction of an arbitration agreement and the statutory right […]

Arbitration/Class Action/Waiver: Two Ninth Circuit Opinions Hold Class Action Waivers In Arbitration Agreements Are Valid

June 24, 2014 · Arbitration: Class, Arbitration: Waiver

Yesterday, June 23, 2014, the California Supreme Court agreed that an arbitration class action waiver in Iskanian v. CLS Transportation Los Angeles was enforceable. See my June 23 post. On the same day, the Ninth Circuit Court of Appeals agreed that class action waivers are valid – at least in the circumstances of the […]

Arbitration/Employment/Class/Waiver/FAA/Public Policy: California Supreme Court Rules in Iskanian: Yes On Waiver Of Class Action, No On Waiver Of PAGA Claims

June 23, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Iskanian Decision Yields Opinion Of Four, Plus Justice Chin, Concurring, Plus Justice Werdegar, Concurring And Dissenting In a much-awaited decision, the California Supreme Court has ruled that a state’s refusal to enforce a class action waiver on grounds of public policy or unconscionability is preempted by the Federal Arbitration Act (FAA), but that […]

Arbitration/Waiver/Employment: Substantial Evidence Supported Finding That Employer Waived Right To Arbitrate

June 23, 2014 · Arbitration: Employment, Arbitration: Waiver

Substitution Of New Named Plaintiff To Represent Class Didn’t “Restart The Clock”. In Jacoby v. Islands Restaurants, L.P., No. B250886 (2nd Dist. Div. 5 June 20, 2014) (Turner, Kriegler, Mink) (unpublished), the Court of Appeal ruled that substantial evidence supported the trial court’s finding that defendant employer had waived its right to arbitrate. […]