LA Mediators

Mediators of Southern California

August 2012 Blog Posts (5)

New Appellate Arbitration Opinion

A judgment entered after an international commercial arbitration can be challenged in a post-judgment appeal, but the disclosure rules regarding vacating a domestic arbitration award do not apply

Comerica Bank v. Howsam, California Court of Appeal, Second District, Div. Five,

case no. B232749, filed August 20, 2012

Link: http://www.courts.ca.gov/opinions/documents/B232749.PDF

Added by Leslie (Les) S. Rothenberg on August 20, 2012 at 7:26pm — No Comments

New Appellate Arbitration Opinion

There is no requirement for arbitrator disclosure of “slight or attenuated” contacts with parties, witnesses or counsel when there is no evidence of close friendships or business relationships.

 

Nemecek & Cole v. Horn, California Court of Appeal, Second District, Div. Eight, case no. B233274, filed July 23, 2012, publication ordered August 15, 2012,

 Link:…

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Added by Leslie (Les) S. Rothenberg on August 16, 2012 at 6:35pm — No Comments

New Appellate Arbitration Opinion

The right to classwide arbitration in wage and hour litigation in California continues to be bound by state law, although the controlling case precedent may have been preempted by Federal law.

 

Truly Nolen of America v. Superior Court (Miranda), California Court of Appeal, Fourth District, Div. One, case no. D060519, filed August 9, 2012, publication ordered August 13, 2012

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Added by Leslie (Les) S. Rothenberg on August 13, 2012 at 6:48pm — No Comments

New Appellate Arbitration Opinion

A trial court has the right to look behind the conclusions of law in an arbitration award and consider the arbitrator’s factual findings to determine the basis of the award.

Worthington v. Davi, California Court of Appeal, Fourth District, Div. Three, case no. G045537, filed August 7, 2012

Link: http://www.courts.ca.gov/opinions/documents/G045537.PDF

Added by Leslie (Les) S. Rothenberg on August 9, 2012 at 6:57pm — No Comments

New Appellate Arbitration Opinion

Athlete who was employed in Tennessee has insufficient contacts with California to justify vacating an arbitration award that prohibits him from pursuing workers’ compensation benefits in California

Matthews v. National Football League Management Council, U.S. Court of Appeals for the Ninth Circuit, case no. 11-55186, filed August 6, 2012

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Added by Leslie (Les) S. Rothenberg on August 6, 2012 at 4:17pm — No Comments

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