Dealt With MFAA Arbitrator Disclosure Issues, Mainly. On May 20, 2016, we posted on the unpublished decision of Baxter v. Bock, a mandatory fee arbitration case which decided that an arbitrator auditing fee bills did not have to disclose this work in the arbitration given that he represented both plaintiffs and defendants in […]
Arbitrator Auditing Attorney’s Bills Did Not Have To Disclose Work Where Audits Did Not Favor Plaintiffs Or Defendants From Overall Practice Skill Set. In Baxter v. Bock, Case Nos. A142372 et al. (1st Dist., Div. 1 May 18, 2016) (unpublished), former attorney and ex-client engaged in a mandatory fee arbitration under the Mandatory
On March 25, 2016, the Committee on Mandatory Fee Arbitration released two new Advisories that impact attorney’s fees issues: (1) “Statute of Limitations For Fee Arbitrations”; (2) “Analysis Of Potential Bill Padding And Other Billing Issues”. For more information, link to co-contributor Marc’s post today about the two Advisories on California Mediation and
Justice Rubin, In A Long Dissent, Concludes Otherwise. Safarian Choi & Bolstad, LLP v. Minassian, Case No. B262526 (2d Dist., Div. 8 Apr. 7, 2016) (unpublished) involved an ex-client who lost a mandatory fee arbitration to his ex-attorneys. Among other challenges to the arbitration award, ex-client raised the argument that the arbitration panel
Arbitrator Finality Was “Trumped” By Clause Not Permitting Legal/Factual Errors. In Cardiology Specialists Medical Group, Inc. v. Rangappa, Case No. D069092 (4th Dist., Div. 1 Mar. 30, 2016) (unpublished), doctor and his former employer arbitrated a dispute about who paid for return of a monetary advance, sign-on bonus, and start-up expenses in an
Plaintiff Winning Meal Periods Claim Not Entitled To Fees, But Entitled To Routine Costs. In the last few months, there have been several cases interpreting the public policy exception to arbitral finality. Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published) is another one on this
Substantive Claims Were To Be Arbitrated, But Prior Discovery Disputes Before Motion To Compel Granted Remained In Superior Court. In Vlahopouliotis v. Vallarta Properties, LLC, Case No. G069832 (5th Dist. Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery
Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose. Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy. A client’s former
Striking Fees Was Not Discrete Proceeding Allowing For Recovery. In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits
Award of Arbitration Costs Was Affirmative Relief Violating Automatic Stay, With Striking Of Costs Award But Affirmance Of Merits Award Being The End Results. In Hilton v. Allcare Medical Mgt., Inc., Case No. B253984 (2d Dist., Div. 1 Sept. 25, 2015) (unpublished), former employee lost an arbitration to former employer, but then declared
