Delay Does Not Equal Prejudice The Ninth Circuit has reversed the judgment of the district court denying Ernst & Young’s motion to compel arbitration, because the 9th Circuit concluded the employer’s delay in asserting arbitral rights did not result in prejudice. Richards v. Ernest & Young LLP, No. 11-17530 (9th Cir. Aug. 21, […]
Statutory Provisions Specifically Relating To Medical Care Weigh Into The Result Statutory provisions are the key to the next decision, Raynond v. Kram, Case No. B236552 (2nd Dist. Div. 3 Dec. 7, 2012) (Kitching, J.) (unpublished). The case involved a malpractice lawsuit brought by the patient, Raymond, against his treating physician, Kram. Dr. Kram […]
At-Will Nature of Employment Allowed Employer To Introduce New Policies Without A Signed Writing At first, we were going to file this unpublished opinion under “go figure”, but we think we get it. In 2003, employee Krishna Papudesi, a systems analyst with Northrop, signed an integrated employment contract with her employer having no […]
Unwaivable Rights Under California Family Rights Act Were Compromised, And The Parties Had Agreed That The Arbitrator Was To Resolve The Dispute “Based Solely Upon The Law” Plaintiff Richey sued his employer for, among other things, violating the Moore-Brown-Roberti Family Rights Act (CFRA). The employer had terminated Richey, believing he had misused medical […]
Arbitrators Axed By FINRA After Deciding Against Merrill Lynch Are Reinstated Suzanne Barlyn reports July 25, 2012 (Reuters) that the Financial Industry Regulatory Authority (FINRA) reinstated three securities arbitrators axed after an arbitration panel awarded $520,000 against Merrill Lynch. Because FINRA routinely cycles arbitrators through its roster, crossing an arbitrator off its roster is […]
Marc Alexander is of counsel in the Santa Ana office of AlvaradoSmith APC, and a member of the Firm’s litigation department. He has over 30 years of experience in bench and jury trials, binding arbitrations, judicial references, mediations, and appellate work in state and federal courts in California. Mr. Alexander received his B.A. with honors […]
Email: calmediation@gmail.com Telephone: 714 852-6800 Marc Alexander
“I was never ruined but twice — once when I lost a lawsuit, once when I won one.” — Voltaire The purpose of this blawg is to provide an up-to-date discussion of California case law and developments concerning mediation and arbitration — the two most common varieties of “alternative dispute resolution” (ADR). For […]