Cases: Arbitration

Arbitration: Co-Contributor Marc’s Article On “The Politics Of Arbitration” Appears In The Current Volume Of California Litigation, The Journal Of The State Bar

Cases: Arbitration, Off Topics

One More “Hot Button Issue” For The Courts . . .         Co-contributor Marc Alexander, who publishes the blog California Mediation and Arbitration,  explains in the latest volume of California Litigation, that arbitration has become one more "hot button issue" for the U.S. Supreme Court Justices to disagree about.  The article is republished here with […]

Arbitration/Requests For Admission: Substantial RFA Costs-Of-Proof Sanctions Awarded By Arbitrator Correctly Not Confirmed As A Judgment

Cases: Arbitration, Cases: Requests for Admission

  Arbitration Submission Agreement Did Not Envision Fees And Costs At All.     An arbitrator in Centinela-Freeman Emergency Med. Associates v. Hispanic Physicians IPA Med. Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420.  No trifling amount was awarded, because the RFA

Arbitration: Arbitrator’s Refusal To Award Fees To Prevailing Party, Where Prevailing Party Did Not Move To Correct Or Appeal Court Determination Not Awarding Fees, Affirmed On Appeal

Cases: Arbitration

  Trial Judge Properly Concluded She Did Not Have Jurisdiction To Award Fees Under Unique Circumstances.     In a case where the arbitrator and court tossed an attorney’s fees request like a “hot potato,” the prevailing party eventually lost a challenge to obtain fees for not trying to get before the arbitrator or appealing the

Arbitration: Arbitrator’s Failure To Award Fees To Prevailing Party, Despite Mandatory Fee Clauses, Was Not Erroneous

Cases: Arbitration

  You Agree To Arbitrate, You Take What The Arbitrator Gives You.     Tenant winning an arbitration against landlord under a commercial lease, containing arbitration and attorney’s fees clauses, was miffed when the arbitrator also determined that each party was to bear its own costs and fees.  Tenant appealed in Setareh v. Bierer, Case No.

Arbitration/Prevailing Party: Former Employer Of Highly Compensated Former Executive, Prevailing Party In Arbitration, Properly Awarded Attorney’s Fees Of $3.25 Million And Costs Of Almost $357,000

Cases: Arbitration, Cases: Prevailing Party

  Who Says Arbitration Cannot Be Costly?  Not Us.     This next illustrates that arbitrations can be costly affairs.     In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former

Arbitration/Retainer Agreements: July 2016 Issue Of “Orange County Lawyer” Has Interview With Orange County Bar Association’s Mandatory Fee Arbitration Committee Co-Chairs

Cases: Arbitration, Cases: Retainer Agreements

  Eric S. Blum And David J. Hesseltine Provide Some Tips On What Fee Arbitrators Focus On In Mandatory Fee Arbitrations.       Under the Mandatory Fee Arbitration Act (Bus. & Prof. Code, § 6200 et seq.), attorneys and clients must first arbitrate a fee dispute through a local county bar’s fee arbitration process unless that

Allocation/Arbitration: Party Prevailing On Arbitration Counterclaim Correctly Denied Fees Upon Review Of Arbitrator “Zilch” Award To Counterclaimant

Cases: Allocation, Cases: Arbitration

  Merits Cannot Be Reviewed, But Prevailing Counterclaimant Did Not Allocate—A Mistake!      We will say that Editions Limited West, Inc. v. Somerset Studios, Inc., Case No. A145320 (1st Dist., Div. 3 July 7, 2016) (unpublished) is another decision where an appellate court would not revisit the merits of an arbitrator’s refusal to grant fees

Arbitration, Costs: Ninth Circuit Addresses What Happens To Litigation Stay When Party Cannot Afford To Pay Ongoing Costs Of Compelled Arbitration

Cases: Arbitration, Cases: Costs

Does A Court Stay On Litigation Get Lifted When A Party Is Unable To Pay Ongoing Costs Of An Arbitration?      On June 15, 2016, Co-contributor Marc posted in the California Mediation and Arbitration blog about  Tillman v. Rheingold Firm, No. 13-56624 (9th Cir. 6/15/16), a Ninth Circuit Case addressing what happens to a district

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