Cases: Arbitration

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     In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former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

Arbitration: Baxter v. Bock Decision Now Partially Published

Cases: Arbitration

  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

Mandatory Fee Arbitration In California: Two New Advisory Opinions

Cases: Arbitration

       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

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