For sixth consecutive year in a row, Rebecca presented a program on recent developments in arbitration, mediation and settlement to the ADR Section of the Orange County Bar Association. This program was presented on March [...]
Heimlich v. Shivji, 12 Cal. App. 5th 152 (6th Dist. May 31, 2017), cert granted, 400 P.3d 442 (Aug. 23, 2017) – This is a very interesting case because it manages to harmonize – [...]
United State and Nevada ex rel. Welch v. My Left Foot Childrens Therapy, LLC, 871 F.3d 791 (9th Cir. Sep. 11, 2017). “Arising out of” and “related to” define a broad scope of claims [...]
Ms. Callahan has had a rich career handling primarily business / financial / real property disputes in state and federal courts around the country. This experience has covered a broad spectrum of industries and subject [...]
Case note re CVS Health Corp. v. Vividus, LLC, 878 F.3d 703 (9th Cir., Dec. 21, 2017) – Ninth Circuit joins the Second and Third Circuits in ruling that Section 7 of the FAA [...]
Code of Civil Procedure § 1281.2 – effective Jan. 1, 2018 – Banks cannot use predispute arbitration agreements contained in documents pertaining to a legitimate / consented to account as the basis for compelling [...]
2017 Cases of Interest Concerning the Arbitrability of PAGA Claims Esparza v. KS Industries, LP, 13 Cal. App. 5th 1228 (5th Dist., Aug. 2, 2017) - Court of Appeal holds that victim-specific relief seeking unpaid [...]
Background Statement Over the past five or six years, we have looked at a string of major case law developments at both the state and federal levels concerning class arbitration and the enforceability of [...]
ECC Capital v. Manatt Phelps & Phillips, 9 Cal. App. 5th 885 (2d Dist. Mar. 15 2017) In this case, while the arbitrator had a “relationship” that fell within the broad scope of the ethics [...]
As has been true with many other aspects of arbitration, California’s approach to arbitrator disclosures and disqualification differs markedly from how those matters are handled under the FAA. Commercial arbitrators serving as neutral arbitrators are [...]