An arbitrator ruled that a school district exceeded his powers when he ruled the district violated a public employee collective bargaining agreement by reducing the work year of certain classified employees without the consent of the union and the employees. The superior court confirmed the arbitration award, and the school district appealed. The appellate court found […]
Waiver: Trial Court, Not The Arbitrator, Decides Whether Party Waived Right To Arbitrate By Pursuing Litigation.
The trial court denied defendant’s petition to compel arbitration. On appeal, defendant contended that whether or not a party has waived the right to arbitrate by pursing litigation in the trial court should be decided by the arbitrator. Defendant cited language appearing in Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, [123 S.Ct. 588; […]
Arbitration Term Unenforceable.
The Ninth Circuit decided an arbitration agreement that eliminates all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act [FAA; 9 U.S.C. § 10(a)], is not enforceable. (In re Wal-Mart Wage and Hour Employment Practices Litigation (Ninth Cir.; December 17, 2013) (Case No. 11-17718).
Arbitration: But Don’t Click On The Orange Button!
Class action plaintiffs claimed they were scammed on the internet after giving their credit card information. Allegedly unbeknownst to plaintiff, instead of making a one-time purchase, he somehow agreed to pay $19.95 a month. The internet company moved to compel the matter into arbitration, contending that the named plaintiff “agreed to arbitration by clicking the orange […]
Federal Arbitration Act (FAA) Grounds To Review Arbitration Awards Are Exclusive And Non-Waivable.
In In re Wal-Mart Wage and Hour Employment Practices Litigation, (Ninth Cir.; December 17, 2013) (Case No. 11-17718) the class action plaintiffs’ attorneys quarreled over how to allocate a $28 million fee and agreed to submit the dispute to “binding, non-appealable arbitration.” After the arbitrator rendered his award, some of the attorneys remained dissatisfied and moved to […]
No Code of Civil Procedure section 128.7 Sanctions For Proceeding With Arbitration.
At the time the trial court confirmed an arbitration award in favor of defendants, it also denied a separate defense motion for sanctions made under Code of Civil Procedure section 128.7 for advancing frivolous claims. The appellate court noted the primary purpose of section 128.7 is deterrence of filing abuses, not to provide compensation for those […]
Arbitration Is ” Trial On The Merits. ”
After plaintiffs lost their contract claim in judicial arbitration, and the arbitrator awarded attorney fees to defendants, plaintiffs, after first filing a demand for trial de novo, filed a voluntary dismissal of their action. Defendants moved for judgment on the attorney fee award and the trial court granted the motion. Plaintiffs appealed, contending that, before judgment […]
Court May Issue Writ Of Attachment While Arbitration Is Pending.
After beginning arbitration proceedings, plaintiff applied to the court for a writ of attachment supported by a showing of potential insolvency of defendant which might render an award in arbitration ineffectual. The court issued the writ and the Court of Appeal affirmed. California Retail Portfolio Fund GMBH & Co. v. Hopkins Real Estate Group (Cal. App. […]
This One Goes Into Arbitration, Even The Request For An Injunction.
Plaintiffs allege a for-profit school misled prospective students in order to entice enrollment by misrepresenting the quality of education, its accreditation, the career prospects for its graduates and the actual cost of education. In their action, plaintiffs pray for both damages and injunctive relief. Pursuant to the school’s petition, based upon arbitration agreements contained in its […]
No Authority To Sign Arbitration Agreement.
On behalf of her deceased husband, a wife sued the operators of two skilled nursing facilities for wrongful death of her husband and various torts. The two defendants petitioned the court to send the matter into arbitration based upon an arbitration agreement signed by the wife. The trial court found the wife did not have authority […]
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