LA Mediators

Mediators of Southern California

April 2013 Blog Posts (5)

New Appellate Arbitration Opinion

Agreement to arbitrate employment-related claims containing arbitration clause read in isolation requiring only employee and not employer to submit to arbitration was not procedurally unconscionable.

Serpa v. California Surety Investigations, Inc., California Court of Appeal, Second District, Div. Seven, case no. B237363, filed March 21, 2013, publication ordered April 19, 2013

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Added by Leslie (Les) S. Rothenberg on April 19, 2013 at 5:26pm — No Comments

New Appellate Arbitration Opinion

Agencies are barred from using a partner in a law firm as an advocate in a contested matter and another partner from the same law firm as an advisor to the decision maker in the same matter.

“We hold that when a partner in a law firm represents a department within a city at an advisory arbitration regarding a personnel matter, and when the city’s decisionmaking body later reviews that arbitrator’s award for confirmation or  rejection, the principles of due process prohibit the…

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Added by Leslie (Les) S. Rothenberg on April 16, 2013 at 5:37pm — No Comments

New Appellate Arbitration Opinion

Where some defendants sought to compel arbitration, but others did not, trial court properly denied the motion on the ground of potentially conflicting adjudications.

Barsegian v. Kessler & Kessler, California Court of Appeal, Second District, Div. One, case no.  B237044, filed April 15, 2013

Link: http://www.courts.ca.gov/opinions/documents/B237044.PDF

Added by Leslie (Les) S. Rothenberg on April 16, 2013 at 5:11pm — No Comments

New Appellate Arbitration Opinion

Arbitration provision in agreement between student and education lender was neither substantively nor procedurally unconscionable under California law.

Kilgore v. KeyBank, National Association, U.S. Court of Appeals for the Ninth Circuit, case no. 09-16703, en banc opinion filed April 11, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/11/09-16703.pdf

 

Added by Leslie (Les) S. Rothenberg on April 12, 2013 at 3:21pm — No Comments

New Appellate Arbitration Opinion

Arbitration provision in agreement between student and education lender was neither substantively nor procedurally unconscionable under California law.

Kilgore v. KeyBank, National Association, U.S. Court of Appeals for the Ninth Circuit, case no. 09-16703, en banc opinion filed April 11, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/11/09-16703.pdf

 

Added by Leslie (Les) S. Rothenberg on April 12, 2013 at 3:21pm — No Comments

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