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 […]
"This Appeal Comes Down To Application Of The Standard Of Review." While I have blogged many times about cases in which the Court of Appeal has reversed an order denying a motion to compel arbitration, this is not one of those cases. T3 Motion, Inc. v Tsumpes, G053654 (4/3 11/14/17) (Fybel, Bedsworth, Thompson) (unpublished). […]
Court Of Appeal Affirms Trial Court's Order Denying Employer's Motion To Compel Arbitration. Notwithstanding the trend in the SCOTUS, (and as the immediately preceding post demonstrates, in Congress too), to enforce arbitration agreements, many California Courts of Appeal continue to vigilantly scrutinize arbitration agreements for unconscionability. Baxter v. Genworth North America Corporation, et al, A144744 […]
ABA Section of Dispute Resolution — Task Force on Improving Mediation Quality Final Report. In 2008, the ABA Section of Dispute Resolution issued a Final Report on mediation quality. This report is available on-line. The Task Force narrowly focused on mediation quality in private practice civil cases where the parties are usually […]
You Don't Need A Weatherman . . . On July 19, 2017, Amy Howe posted in SCOTUSBlog that the Supreme Court has consolidated three arbitration cases for oral hearing on October 2 at the beginning of the new term: National Labor Relations Board v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst […]
Trial Court And Court Of Appeal Agreed That The Residential Care Facility For The Elderly Provided Health Care. Hutcheson v. Eskalon Fountainwood Lodge, C074846 (3rd Dist. 6/14/17) (Nicholson, Mauro, Duarte), is one of many cases in which a care facility for the elderly seeks to enforce an arbitration provision after an elderly person in […]
As "Joint Employer", Company To Which An Employee Was Assigned Could Take Advantage Of Arbitration Clause In Employee's Contract With Temporary Staffing Agency That Assigned The Employee To The Company. I am happy to report that Garcia v. Pexco, LLC, G052872 (4/3 5/16/17), an opinion I posted about on April 26, 2017, when […]
The Arbitration Clause Analyzed By The Court Is Common In Automobile Sales Contracts. The Arbitration Clause analyzed in Raczynski v. Daland Nissan, Inc., et al., A146992 (1/5 2/15/17) (Bruiniers, Jones, Needham) (unpublished), provides that the arbitrator’s award “shall be final and binding on all parties, except that in the event the arbitrator’s award for a […]
Easter Puck. Louis M. Glackens, artist. 1901. Library of Congress.