Tag: arbitration

Arbitration, News, Celebrities: WSJ & CNN Report Trump Personally Directed His Attorney Michael Cohen To Seek Restraining Order Through Arbitration

October 2, 2018 · Celebrities, News

New Blawg Sidebar Category: Infotainment?     The WSJ and CNN report today, October 2, 2018, that Pres. Donald J. Trump (aka David Dennison) directed his attorney Michael Cohen to seek a restraining order through an arbitration proceeding to prevent Stormy Daniels (aka Peggy Peterson aka Stephanie Clifford) from airing dirty laundry in a TV […]

Arbitration, Discovery, Appealability: Court Of Appeal Reverses Superior Court’s Discovery Order Granting Uber’s Petition To Vacate Arbitration Panel’s Discovery Decision

This Is Part Of The Ongoing Google – Uber Litigation/Arbitration Over Alleged Misappropriation By Uber Of Google Self-Driving Car Technology.     Google initiated arbitration proceedings against two former employees involved in developing self-driving car technology after the employees formed their own company (Otto) and their new company was acquired by Uber. A discovery dispute […]

Pending Cases, Federal Arbitration Act, Delegation: New Prime v. Oliveira Is Scheduled For SCOTUS Oral Argument On October 3, 2018

Does Exemption In Section 1 Of The FAA For Workers Engaged In Interstate Commerce Apply To Independent Contractors? And Who Decides?     We posted earlier about this case on February 26, 2018. The issues presented are: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue […]

Arbitration, Class Action: 9th Circuit Reverses District Court In Ongoing Litigation Brought By Uber Drivers

September 25, 2018 · Arbitration: Class

Consolidated Appeals Brought By Uber Overturn Pro-Driver Rulings Of District Court.     O'Connor v. Uber, No. 16-5595, and related appeals (9th Cir.  9/25/18) (Clifton, Tallman, Ikuta) reverses the district court's denial of Uber's motions to compel arbitration, based on Mohamed v. Uber Technologies, Inc., 848 F. 3d 1201 (9th Cir. 2016). Mohamed, which we blogged […]

News/Celebrities: ADR, Donald J. Trump aka David Dennison, and Stephanie Clifford aka Stormy Daniels

March 8, 2018 · Celebrities, News

Stormy Weather . . .      Above:  Video/recording:  Comedian Harmonists Sing Quand Il Pleut (Stormy Weather/Ohne Dich).  1933.      News about our latest reality show, Stephanie Clifford a.k.a. Stormy Daniels a.k.a. Peggy Peterson v. Donald J. Trump a.k.a. David Dennison, and Essential Consultants, LLC, LASC Case No. BC696568 (filed March 6, 2018) is […]

Delegation, PAGA: Ninth Circuit Amends Uber Drivers Opinion So As Not To Foreclose Argument That Class Action Waivers In Arbitration Agreements Violate National Labor Relations Act

December 21, 2016 · Arbitration: Waiver

Material Amendment To A Footnote?      On September 11, 2016, we posted about the Uber Drivers cases, Mohamed v. Uber Technologies, Inc., et al., and Gillette v. Uber Technologies, Inc., Nos. 15-16178 and 15-16181 (9th Cir. 9/7/16). The 9th Circuit opinion penned by Judge Clifton held that the issue of arbitrability was effectively delegated […]

Arbitration, Delegation, PAGA: In Two Lawsuits Brought By Uber Drivers, Ninth Circuit Holds Issue Of Arbitrability Was Delegated To The Arbitrator, But PAGA Claims Go To District Court In One Of The Lawsuits

How Will This Ultimately Play Out?      In Mohamed v. Uber Technologies and Gillette v. Uber Technologies, Nos. 15-16178 and 16181 (9th Cir. 9/7/16), cases in which district court judge Edward M. Chen found arbitration clauses between Uber and its drivers to be unenforceable, the 9th Circuit panel has affirmed in part and reversed in […]

Arbitration: Second District, Division 2, Affirms Orders Denying Motions To Compel Arbitration

  In One Case, Arbitration Presented Possibility Of Inconsistent Rulings, And In The Other Case, Arbitration Of Indemnification Claim Was Beyond The Scope Of The Agreement To Arbitrate      The following scenario reminds me of cases I have litigated – and arbitrated. Buyer discovers water intrusion in home she buys, and sues Developer and later […]

Mission Statement

February 20, 2012 · Uncategorized

“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 […]