LA Mediators

Mediators of Southern California

June 2013 Blog Posts (3)

New Appellate Arbitration Opinion

Agreement requiring employees to arbitrate disputes with employer did not involve element of surprise and thus was procedurally, but not substantively, unconscionable, and arbitration should proceed.

Leos v. Darden Restaurants, Inc., California Court of Appeal, Second District, Div. One, case no. B241630, filed June 4, 2013, publication ordered June 24, 2013

Link:…

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Added by Leslie (Les) S. Rothenberg on June 24, 2013 at 6:07pm — No Comments

New USSC Arbitration Opinion

Sec. 10(a)(4) of the Federal Arbitration Act permits courts to vacate an arbitral decision only if arbitrator strayed from delegated task of interpreting a contract, not if task was poorly performed.

Oxford Health Plans LLC v. Sutter, U.S. Supreme Court, case no.  12-135_e1p3, filed June 10, 2013

Link: www.supremecourt.gov/opinions/12pdf/12-135_e1p3.pdf

Added by Leslie (Les) S. Rothenberg on June 10, 2013 at 5:48pm — No Comments

Two Appellate Arbitration Opinions

 Arbitration clause in "retail installment sales contract" for automobile was unenforceable because of its “high degree”of procedural and substantive unconscionability.

Vargas v. SAI Monrovia B, Inc., California Court of Appeal, Second District, Div. One, case no. B237257, filed June 4, 2013

Link: http://www.courts.ca.gov/opinions/documents/B237257.PDF

 

Federal Arbitration Act does not permit…

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Added by Leslie (Les) S. Rothenberg on June 4, 2013 at 11:02pm — No Comments

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