Just One More Thing To Worry About With Cryptocurrency. There are a number of ways in which a nonsignatory to an arbitration agreement can nevertheless find itself bound to arbitrate. Affirming the trial court, the Court of Appeal shoots down each of those ways in Pillar Project AG v. Payward Ventures, Inc., A160731 (1/5 […]
Disclosure Of Extent Of JAMS's "Business Relationship" With O'Melveny & Myers And Arbitrator's Ownership Interest In JAMS Were At Issue. A former investment fund manager sued the investment funds and successfully compelled arbitration. Steven M. Speier v. The Advantage Fund, LLC, et al. G059216 (4/3 4/19/21) (Fybel, Bedsworth, Goethals). JAMS and the arbitrator made […]
Authentication Of Electronic Signatures Continues To Generate Case Law And Stymie Employers. We have blogged before about the problems employers have had authenticating employees' electronic signatures on arbitration agreement. On January 4, 2015, we blogged about Ruiz v. Moss Bros. Auto Group, Inc., 232 Cal.App.4th 836 (2014), a leading case highlighting the pitfalls of electronic […]
The Case Held That Judgment Creditor's Release Of Judgment Debtor Does Not Preclude Creditor's Attorney From Pursuing Contingency Fee And Costs From Judgment Debtor. We posted about Mancini & Associates v. Jason Schwetz, B290498 (2nd Dist. Div. 6) (Gilbert, J.) on September 5, 2019. This is an unusual case in which the judgment […]
California's Labor Code Provides For A Mandatory Mediation And Conciliation (MMC) Process To Promote The Collective Bargaining Process In Agricultural Labor Relations. When collective bargaining between the United Farm Workers Union and Gerawan Farming, Inc. reached an impasse, the UFW requested, and the California's Agricultural Labor Relations Board ordered the parties to mandatory mediation and […]
Daughter's Signature Did Not Bind Her Individually Or As Successor In Interest. Nursing home arbitration agreements continue to generate plenty of cases. In fact, we have posted about arbitration and nursing homes a number of times. See, for example, our posts of 3/27/2012, 5/21/2012, 11/5/2013, 8/5/2016, 11/1/2016, 2/23/2017, and 7/25/2019. Why are […]
Evidence Of A Policy Is Not Evidence Of Adherence To The Policy. Plaintiff Juen engaged Alain Pinel Realtors, Inc. (Pinel) to sell his house. Later, Juen sued Pinel, Pinel unsuccessfully moved to compel arbitration, and Pinel appealed. Juen v. Alain Pinel Realtors, Inc., H043230 (6th Dist. 2/6/19) (Grover, Greenwood, Bamattre-Manoukian). The […]
A Century After A Failed Attempt At International Mediation . . . 1916, February? "Photograph shows members of the neutral European nations who met with the Henry Ford Peace Expedition in Stockholm, Sweden probably in February, 1916 and formed the Neutral Conference for Continuous Mediation." Library of Congress. Without a case to post about today, […]
Arbitration Agreement Had Signature With Employee's Name, But Employer Failed To Carry Burden Of Authentication. Tropicale appealed the denial of its motion to compel arbitration against employee Garcia. Ana Garcia v. Tropicale Foods, Inc., E069024 (4/2 1/22/19) (Raphael, Miller, Slough) (not certified for publication). The issue was whether Tropicale failed to prove by […]
But There Is A Dissent . . . Simply Wireless Inc. v. Mobile US Inc ., Nos. 16-1123, 16-1166 (4th Cir. 12/13/17) resulted in an interesting majority opinion authored by Judge Wynn, with Judge Harris, joining, and a dissent by Judge Floyd. As a result, I have strayed beyond my usual beat of covering […]