The Mellor Law Firm, APLC

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Must Go To Arbitration Even Though One Party Claims The Controversy Is Not Ripe For Adjudication.

February 27, 2015 by Leave a Comment

The trial court denied a party’s petition to compel arbitration after concluding the petition failed to present an actual controversy sufficiently ripe for adjudication. Here, the parties, both of whom are sophisticated business entities, agreed to a broadly worded arbitration provision that obligates them to arbitrate “[a]ny and all disputes, controversies or claims arising under […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News, Procedural Law News

When The Agreement Is Silent On The Issue, Just As It Is With Classwide Claims, Representative Claims Are Inconsistent With Arbitration. 

February 15, 2015 by Leave a Comment

Representative Claims

In a classwide wage and hour action, the court granted the defendant employer’s petition to compel arbitration, leaving it up to the arbitrator to decide whether the agreement contemplated classwide and/or representative claims arbitration, or whether only the named plaintiff’s individual claim would be resolved in the arbitration. The employer filed a petition for writ […]

Filed Under: Appellate Law News, Arbitration Law News, Class Action Law News, Employment Law News, Legal News

Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.

January 3, 2015 by Leave a Comment

declaratory relief Administrative Appeal

An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to […]

Filed Under: Appellate Law News, Arbitration Law News, Business Law News, Class Action Law News, Contract Law News, Employment Law News, Legal News

Final Award Does Not Mean Revised Final Award.

December 16, 2014 by Leave a Comment

Revised Final Award

In an underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by one of the parties. The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” The trial court confirmed the Revised Final Award. In reversing, the […]

Filed Under: Appellate Law News, Arbitration Law News, Attorney's Fees News, Legal News

Arbitrator’s Disclosure Obligations And Motion To Vacate.

November 12, 2014 by Leave a Comment

Disclosure

In Dornbirer v. Kaiser Foundation (2008) 166 Cal.App.4th 831, [83 Cal.Rptr.3d 116], the arbitrator in a dispute between a patient and her medical provider (Kaiser) disclosed his prior participation in several matters involving Kaiser and its legal counsel. The disclosure statement omitted multiple pieces of information required under Code of Civil Procedure section 1281.9, including […]

Filed Under: Appellate Law News, Arbitration Law News, Ethics Law News, Legal News

Arbitration Agreement Just A Click Away.

November 6, 2014 by Leave a Comment

Arbitration

Pursuant to an arbitration clause located on a “Terms of Use” hyperlink on its website, the national bookseller defendant petitioned to compel arbitration in a class action alleging deceptive business practices. The district court denied the petition, finding plaintiff did not unambiguously manifest assent to the arbitration provision contained on the website. The Ninth Circuit […]

Filed Under: Arbitration Law News, Legal News, Ninth Circuit Court of Appeal Law News

Motion To Compel Arbitration Denied.

October 31, 2014 by Leave a Comment

arbitration

In a breach of personal service suit, the trial court denied defendant employer’s petition to compel arbitration. The collective bargaining agreement’s grievance procedure consists of three steps. Step 1 allows the union or an employee to resolve a grievance by discussion with the supervisor. Step 2 permits resolution of the grievance if the union is […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News, Procedural Law News

Petition To Compel Arbitration Denied.

October 29, 2014 by Leave a Comment

In a wage and hour claim, a plaintiff signed an agreement with her employer. In the 2001 Agreement, the parties agreed to mediate “any dispute arising out of” employment, except “workers’ compensation claims, unemployment insurance[,] and matters governed by the California Labor Commissioner[.]” The arbitration provision provided as follows: “Arbitration. In the event mediation does […]

Filed Under: Appellate Law News, Arbitration Law News, Employment Law News, Labor Law News, Legal News

Death Knell Doctrine Applied.

October 11, 2014 by Leave a Comment

The trial court dismissed plaintiff’s class claims with prejudice, and granted defendant’s motion to compel plaintiff to arbitrate his individual claims. Under the death knell doctrine, the appellate court reversed because “the trial court erred by deciding the issue whether the parties agreed to class arbitration, and that the court should have submitted the issue […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News

Arbitration Agreement Not Unconscionable.

October 8, 2014 by Leave a Comment

Plaintiff and defendant entered into an employment contract. One of the provisions stated:  “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]

Filed Under: Appellate Law News, Arbitration Law News, Contract Law News, Legal News, Procedural Law News

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
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10.0Mark Albert Mellor

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