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Leslie (Les) S. Rothenberg's Blog (66)

New Appellate Arbitration Opinion

The trial court, rather than an arbitrator, should decide the merits of the waiver by litigation conduct defense to arbitration asserted by plaintiffs.

Hong v. CJ CGV America Holdings, Inc., California Court of Appeal, Second District, Div. Five, case no.  B246945, filed December 18, 2013,

Link: http://www.courts.ca.gov/opinions/documents/B246945.PDF

Added by Leslie (Les) S. Rothenberg on December 18, 2013 at 7:34pm — No Comments

New Appellate Arbitration Opinion

A non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards, including review under Sec. 10 of the Federal Arbitration Act, is not enforceable

In re Wal-Mart Wage and Hour Employment Practices Litigation, U.S. Court of Appeals for the Ninth Circuit, case no. 11-17718, filed December 17, 2013

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Added by Leslie (Les) S. Rothenberg on December 17, 2013 at 5:04pm — No Comments

New Appellate Arbitration Opinion

An insufficiently-identified third-party to an internet contract containing arbitration clause cannot compel purchaser to arbitrate claims in class action against identified contracting party.

Lee v. Intelius Inc., U.S. Court of Appeals for the Ninth Circuit, case no. 11-35810, filed December 16, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/16/11-35810.pdf

Added by Leslie (Les) S. Rothenberg on December 16, 2013 at 4:40pm — No Comments

New Appellate Arbitration Opinion

Judge, rather than an arbitrator, should decide whether arbitration clause in an attorney retainer agreement was unconscionable, and that clause was unenforceable under non-preempted Washington law

Smith v. JEM Group Inc., U.S. Court of Appeals for the Ninth Circuit, case no. 11-35964, filed December 12, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/11/11-35964.pdf

Added by Leslie (Les) S. Rothenberg on December 12, 2013 at 7:41pm — No Comments

New Appellate Arbitration Opinion

Because of failure to establish prejudice as result of employer’s alleged delay,

it did not waive its right to arbitration by failing to assert that right as a defense in an earlier employee action

 

Richards v. Ernst & Young, LLP, U.S. Court of Appeals for the Ninth Circuit, case no. 11-17530, filed August 21, 2013, amended December 9, 2013

 

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Added by Leslie (Les) S. Rothenberg on December 9, 2013 at 5:13pm — No Comments

New Appellate Arbitration Opinion from Fifth Circuit

Employers can require employees to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances, but must clarify that individual complaints to NLRB are permitted.

 

D.R. Horton, Inc. v. National Labor Relations Board, U.S. Court of Appeals for the Fifth Circuit, case no. 12-60031, filed 12/3/13

 

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Added by Leslie (Les) S. Rothenberg on December 4, 2013 at 12:46pm — No Comments

New Appellate Arbitration Opinion

Trial court had no authority to award sanctions where the allegedly frivolous claims were presented not to the court but to an arbitrator after court granted a stay and order compelling arbitration

Optimal Markets, Inc. v. Salant, California Court of Appeal, Sixth District, case no. H038571, filed November 26, 2013,

Link: http://www.courts.ca.gov/opinions/documents/H038571.PDF

Added by Leslie (Les) S. Rothenberg on November 26, 2013 at 4:58pm — No Comments

New Appellate Arbitration Opinion

Public employee not required to arbitrate statutory discrimination claim absent clear, unmistakable waiver of his right to a judicial forum in the memorandum of agreement between employer and union

Volpei v. County of Ventura, California Court of Appeal, Second District, Div. Six, case no. B243954, filed November 7, 2013,

Link: http://www.courts.ca.gov/opinions/documents/B243954.PDF

Added by Leslie (Les) S. Rothenberg on November 7, 2013 at 5:14pm — No Comments

New Appellate Arbitration Opinion

The procedural provisions of the California Arbitration Act, not the Federal Arbitration Act, govern judicial review of an arbitration award.

Mave Enterprises, Inc. v. Travelers Indemnity Company of Connecticut, California Court of Appeal, Second District, Div. One,  case no.  B241807, filed September 26, 2013

Link: http://www.courts.ca.gov/opinions/documents/B241807.PDF

Added by Leslie (Les) S. Rothenberg on September 26, 2013 at 6:44pm — No Comments

New Appellate Arbitration Opinion

Under California law, neither the absence of a definite method nor the presence of "alternative options" for appointing an arbitrator renders an otherwise valid arbitration agreement unenforceable.

HM DG, Inc. v. Amini, California Court of Appeal, Second District, Div. Three, case no.  B242540, filed September 20, 2013

Link: www. courts.ca.gov/opinions/documents/B242540.pdf

Added by Leslie (Les) S. Rothenberg on September 20, 2013 at 4:29pm — No Comments

New Appellate Arbitration Opinion

Parties who were granted permission to proceed in forma pauperis in the trial court can be excused from obligation to pay fees associated with arbitration compelled by law firm’s retainer agreement.

Roldan v. Callahan & Blaine, California Court of Appeal, Fourth District, Div. Three, case no. G047306, filed August 26, 2013

Link: www.courts.ca.gov/opinions/documents/G047306.pdf

 

Added by Leslie (Les) S. Rothenberg on August 27, 2013 at 4:11pm — No Comments

New Appellate Arbitration Opinion

Where an arbitration award is silent re interest on certain damages, a court is not foreclosed from awarding interest on those damages while respecting an explicit award of interest on other damages.

Lagstein v. Certain Underwriters at Lloyd’s of London, U.S. Court of Appeals for the Ninth Circuit, case no. 11-17369, filed August 5, 2013

Link: cdn.ca9.uscourts.gov/datastore/opinions/2013/08/05/11-17369.pdf

Added by Leslie (Les) S. Rothenberg on August 5, 2013 at 10:59pm — No Comments

New Appellate Arbitration Opinion

Labor arbitration pursuant to a collective bargaining agreement has preclusive effect on racial discrimination complaint and other common law wrongs where arbitration encompassed the claim.

Wade v. Ports America Management Corporation, California Court of Appeal, Second District, Div. Four, case no. B238224, filed August 2, 2013

Link: www.courts.ca.gov/opinions/documents/B238224.pdf

Added by Leslie (Les) S. Rothenberg on August 2, 2013 at 7:37pm — No Comments

New Appellate Arbitration Opinion

Satellite TV lessees held to actual language of arbitration agreements they made and cannot require arbitration of third-party disputes via equitable estoppel or 3rd-party beneficiary theories.

Murphy v. DirecTV, Inc., Ninth U.S. Circuit Court of Appeals, case no. 11-57163, filed July 30, 2013

Link: cdn.ca9.uscourts.gov/datastore/opinions/2013/07/30/11-57163.pdf

 

 

 

Added by Leslie (Les) S. Rothenberg on July 30, 2013 at 5:46pm — No Comments

New Appellate Arbitration Opinion

An employee handbook and arbitration policy revised after Plaintiffs’ claims accrued and the original class action complaint was filed were unenforceable against plaintiffs.

Avery v. Integrated Healthcare Holdings, Inc., California Court of Appeal, Fourth District, Div. Three, case no. G046202, filed June 27, 2013, publication ordered July 23, 2013

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Added by Leslie (Les) S. Rothenberg on July 23, 2013 at 8:52pm — No Comments

New Appellate Arbitration Opinions

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Added by Leslie (Les) S. Rothenberg on July 15, 2013 at 3:26pm — No Comments

New Appellate Arbitration Opinion

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Added by Leslie (Les) S. Rothenberg on July 3, 2013 at 4:58pm — No Comments

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

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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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Latest Activity

American Institute of Mediation posted an event
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Mediating Commercial and Litigated Cases with Lee Jay Berman at American Institute of Mediation

May 16, 2017 to May 20, 2017
This program is a practical training course. While covering theory to give you a framework and the intellectual understanding of negotiation and mediation, this course is about learning. Our focus is on your doing, practicing and experimenting with negotiating and mediating. There is much to teach about mediation and negotiation, but one reason mediators fail is because they understand the theory, but cannot execute it when under the gun. In this course, you will mediate and negotiate your way…See More
Dec 16, 2016
American Institute of Mediation posted an event

Grow Your Mediation Practice Now! with Lee Jay Berman at American Institute of Mediation

January 28, 2017 from 9am to 4pm
We volunteer and we gripe.  We go to “networking” events, and don’t feel comfortable there or don’t know what to do.  Many of those trying to establish a career in mediation come from prior careers in law, mental health or education.  These three careers are among the weakest at marketing and self-promotion.  Our industry suffers unnecessarily because so many are highly skilled at mediating, and yet lack the skills that enable them to secure the opportunity to actually mediate.  In this course,…See More
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Kym Adams Director of CEDRS updated an event

LA Mediators event March 23rd at Law Offices of Peter J. Babos

March 23, 2016 from 6:30pm to 8:30pm
Dear LA Mediators It’s time for our first meeting of 2016!  This year has already been moving at light speed, so we are going to meet Wednesday March 23rd, 2016 location to be announced, to discuss several interesting issues in mediation. Cocktail hour from 6pm to 6:30pm and meeting from 6:30pm to 8:30pm.  First, as I am going to be presenting at the upcoming International Academy of Mediators in March in New Zealand, I want to run through a part of that presentation that deals with working…See More
Feb 23, 2016
Bob Andersen is now a member of LA Mediators
Feb 20, 2016

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