A Circuitous Route To Publication. I posted about SingerLewak v. Gantman on July 31, August 31, and September 1, 2015. This is an interesting case discussing the so-called “public policy exception” that will sometimes justify review of an arbitral award by the superior court – though in the end, not in this case. […]
Court of Appeal’s Jurisdiction To Authorize Publication Expired. Just yesterday, in the preceding post, I reported the Court of Appeal, Second District, Division 8, had authorized publication of SingerLewak v. Gantman, a case offering an excellent discussion of the so-called “public policy exception” that, when it is found it exist, allows for judicial review […]
An Arbitrator Implying A Geographic Limitation Under Bus. & Prof. Code Section 16602 Did Not Violate An Important Public Policy, And Thus Did Not Expose The Arbitral Award To Judicial Review. On July 31, 2015, I posted about SingerLewak, LLP v. Gantman, B259722 (2/8 July 29, 2015; pub. Aug. 31), a case providing a […]
PAGA Issue Will Continue To Percolate Through Federal Courts. The United States Supreme Court today denied the petition for a writ of certiorari brought by CLS Transportation Los Angeles, LLC, No. 14-341. Left intact, for now, is the California Supreme Court’s holding in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014), […]
Court Agreed With Trial Court That Parties’ Arbitration Agreement Expressly Excluded Statutory Claims From The Arbitration Obligation. On July 14, 2014, I blogged about Rebolledo v. Tilly’s, Inc., in which the Court of Appeal, 4th District, Division 3, affirmed the trial court’s order denying an employer’s motion to compel arbitration of an employee’s putative […]
Unconscionability Of Arbitration Clause Involved In Car Wash Employees’ Contracts Was At Issue In This Case Today, Carmona v. Lincoln Millenium Car Wash, Inc., Case No. B248143 (2nd Dist. Div. 8 filed April 21, 2014) (certified for publication May 9, 2014), originally not certified for publication, has been ordered to be published in the […]
Closed System Of Business Arbitration Overseen By Judges Collides With First Amendment Right Of Access Möbius Strip. Wikimedia Commons. Author: David Benbennick. GNU Free Documentation License, v. 1.2. On February 26, 2014, I posted the Delaware Chancery Court had petitioned SCOTUS to allow the Chancery Court to oversee private arbitrations. An arbitration […]
BG Group PLC v. Republic of Argentina This case was argued before the Supreme Court on December 2, 2013. It presents a unique fact pattern concerning arbitration between an investor (BG Group PLC) and a sovereign state (Argentina). The issue to be resolved by this appeal to the Supreme Court is whether a […]
Grossman v. Park Fort Washington Association Is Ordered Published On December 19, 2012, I posted about Grossman v. Park Fort Washington Association, Case No. F063125 (5th Dist. Dec. 19, 2012) (Franson, J.), a case in which the Court of Appeal held that the trial court correctly awarded fees for pre-litigation mediation to homeowners involved […]
The Issue Is Also Pending In The California Supreme Court The latest in the crop of cases concerning car sales contracts and petitions to compel arbitration is Natalini v. Import Motors, Inc., Case No. A133236 (1st Dist. Div. 1 January 7, 2013) (Simons, J., author) (unpublished). The Court had no trouble affirming the denial […]