Cases: Arbitration

Arbitration: 2/7 DCA Decides, Absent Clearly Worded Arbitration Submission, That Arbitrator Refusing To Award Contractual Fees To Prevailing Party Can Do So Without Fearing Reversal

Cases: Arbitration

Appellate Court Follows Safari Over DiMarco, Although Reversing Denial Of Postarbitration Fees To Prevailing Party In Superior Court Proceedings.             The Second District, Division 7, in Cohen v. TNP 2008 Participating Notes Program, LLC, Case No. B266702 (2d Dist., Div. 7 Jan. 29, 2019; posted Jan. 30, 2019) (published) dealt with a situation where a […]

Arbitration, Prevailing Party: Party Defeating Petition To Compel Arbitration, The Only Contractual Claim, Was Entitled To Fee Recovery Despite No Completed Arbitration On The Noncontract Claims

Cases: Arbitration, Cases: Prevailing Party

Finality Was Present With Respect To The One Contractual Issue, Justifying Civil Code Section 1717 Recovery.             In an earlier published decision, general contractor was found to have waived the right to compel arbitration in construction defect and mechanic’s lien cases which ultimately were consolidated. The winning party on the arbitrability dispute, the only contractual

Arbitration: Arbitrator’s Decision On Awarding Fees To One Party On One Dispute And Denying To Same Party Another Dispute No Abuse Of Discretion

Cases: Arbitration

Moncharch Discretion To Arbitration Decisions Ultimately Prevailed.             No huge recitation of the facts or conclusion is required in Axten v. Axten, Case No. D073089 (4th Dist., Div. 1 Oct. 30, 2018) (unpublished). What basically happened was that one party obtained an arbitration award of $94,972 in attorney’s fees under a settlement agreement fees clause

Arbitration: Arbitrator Award Of Incremental Attorney’s Fees And Costs After Merits Award Was Proper, Plus Superior Court Did Not Err By Awarding Additional Post-Confirmation Fees And Costs To Prevailing Arbitration Party

Cases: Arbitration

Fee Clause Interpretation By Arbitrator, Even If Incorrect, Was Unreviewable In Nature.             Arbitration is in vogue, but it gives tremendous discretion to the arbitrator and, in most instances, the awards are not reviewable even if factually and/or legally erroneous in nature.             Engel & Engel, LLP v. DeLong, Case No. B279576 (2d Dist., Div. 2

Arbitration, Employment: Arbitrator’s Possible Fee Award To Employer For Wage Hour Bad Faith Prosecution Reversed For Arbitrator To Determine If Recovery Allowable

Cases: Arbitration, Cases: Employment

Most Of Arbitration And Fees Were Sustained Except For A Remand To Arbitrator On Unwaivable Nonallowance Of Wage/Hour Fees To Employer Unless Employee’s Claims Brought In Bad Faith.             In Dorne v. Vascular and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical

Arbitration, Sanctions: After Compelling Arbitration And Then Failing To Pursue It, Fitbit And Its Litigation Attorneys Liable For Bad-Faith Sanctions In Heart-Tracking Devise Action

Cases: Arbitration, Cases: Sanctions

Fitbit Did Finally Agree To Arbitrate, But Only After District Judge Expressed Concerns Over Its Litigation Conduct, Which Will Result In Some Amount Of Sanctions And Other Prospective Actions Ordered By District Judge.             Arbitration frequently is invoked by defendants because of the perception that it is more user friendly in many types of cases,

Arbitration: Arbitrator’s Award Of $183,000 In Allocated Fees To One Successful Defendant In Joint Defense Arrangement And Trial Court’s $21,000 In Post-Arbitration Fees To All Defendants Were Proper

Cases: Arbitration

Losing Plaintiff Claimed Arbitration Award Was “Manifest Disregard Of Law,” But This Was A Federal Standard Rather Than The More Limited State Standard Applicable To Review Of Arbitration Awards.             HUB International Ins. Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure,

Arbitration: Recent 2/1 DCA Unpublished Opinion Is A Stark Reminder To Raise Fees And Costs Issue To An Arbitrator Before A Final Award Is Issued

Cases: Arbitration

Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award.           The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim award

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