Cases: Arbitration

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and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical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 Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure,

Arbitration: Recent 2/1 DCA Unpublished Opinion Is A Stark Reminder To Raise Fees And Costs Issue To An Arbitrator Before A Final Award Is Issued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

Arbitration/Reasonableness Of Fees:  Attorney Won Arbitration Award Against Former Client For $78,154.49 In Unpaid Fees, Plus $126,406.25 In Fees And $36,681.57 In Costs For Arbitration Success, Plus $133,362.50 For Having To File Motion To Compel Arbitr

Cases: Arbitration, Cases: Reasonableness of Fees

Case Demonstrates How Fees/Costs Easily Can Outstrip Base Compensatory Award.             Attorney had to sue a former client for unpaid bills, invoking an arbitration clause in the initial retainer agreement.  One of the key issues was whether that initial retainer agreement was orally modified by the parties’ conduct to encompass later matters, with the proof

Arbitration/Costs:  Subsequently Confirmed Judgment Involving Costs Award Separate From Prior Merits Judgment Did Not Violate “One Final Judgment” Rule  

Cases: Arbitration, Cases: Costs

  Appellate Court Found Incremental Award Process Appropriate Under The Circumstances.             In EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., Case No. B281594 (2d Dist., Divl 2 Mar. 28, 2018) (published), respondent in an arbitration obtained an arbitration award requiring appellant to defend respondent in a lawsuit brought by appellant’s bus drivers, which

Arbitration/Section 1717:  Attorney’s Fees Incurred In Disqualification Motion And Other Associated Motions Before Arbitrator And Trial Court Properly Were Awarded To The Defense

Cases: Arbitration, Cases: Section 1717

Defense Did Prevail Because Arbitration Was Dismissed For Failure To Prosecute After Plaintiffs Failed To Pay Arbitration Fees.             Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as

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