Arbitrator Decisions Get a Lot of Deference.
HP Production, Inc. v. McDonald, Case No. B252175 (2d Dist., Div. 4 Aug. 5, 2014) (unpublished) is a case where a former nanny for Adam Sandler’s children lost an arbitration by which she had to disgorge money paid under a former confidential settlement and was hit with arbitration attorney’s fees/costs of $33,265.50 as the losing party.
Marking a nanny. Russell Lee. 1940. Library of Congress.
Her appeal did not go well. Although claiming the fee award was “exorbitant” and “obscene,” it did not get reversed because arbitrators have a lot of leeway to decide historical facts, the relevant law, and interpretation/validity of a contract, even if the decision is legally or factually erroneous in nature. (Cotchett, Pitre & McCarthy v. Universal Paragon Corp., 187 Cal.App.4th 1405, 1416 (2010).) Merits and fee award affirmed.
