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 [...]
Kindred Nursing Centers, L.P. v. Clark, ___ U.S. ___, 137 S.Ct. 1421 (May 15, 2017) – The Supreme Court reemphasizes that arbitration agreements must be placed on equal footing with other contracts. In 2009, the [...]
McGill v. Citibank, 2 Cal. 5th 945 (Cal.S.C., Apr. 6, 2017) - Arbitration agreement that required credit card holders (consumers) to waive their right to seek public injunctive relief available under various consumer protection laws [...]
Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir., Aug. 22, 2016), cert. granted, 137 S.Ct. 809 (2017) - Arbitration agreement that required employees to bring claims in “separate proceedings,” thereby prohibiting class [...]
2017 was a very busy year for mediations and arbitrations! In her “free time,” Rebecca taught two semesters of Arbitration Theory and Practice at Pepperdine University School of Law. She [...]
Ms. Callahan has posted a new April 2017 CV that includes updates of her 2017 scheduled speaking engagements and publications. April 2017 CV
Part two of Ms. Callahan's article, "Arbitration Clauses: A Contemporary Look At Advanced Drafting Considerations and Opportunities" just published in Orange County Lawyer magazine, April 2017 (Vol. 59 No.4), p. 56. Part I of the [...]
Ms. Callahan will be a panelist in the inaugural 4-day training program being presented by USC-JAMS on advanced arbitration skills. The program will be held from July 26 to 29, 2017 at the University [...]