Bill To Governor Jerry Brown, Attempting To Curtain Mandatory Employment Arbitration/Class Waiver Situations, Has Fee Shifting. AB465 has drawn a lot of press. It is a California bill designed to end mandatory workplace arbitration; it has passed the Legislature and awaits Governor Jerry Brown’s decision. If he vetoes by October 11, 2015, it […]
$4,602,229.07 Fees And Costs Awarded By Arbitrator To Prevailing Party Winning $8 Million In Damages. Co-contributor Marc, for the last few years, has been doing posts on his independent California Mediation and Arbitration blog. One thing that has resonated with co-contributor Mike is that the chosen arbitrator has lots of discretion in adjudging
Reason Is That They Were Not Parties To The Purchase Agreement With A Fees Clause. Defendants must have been very disappointed, after winning an arbitration award which was confirmed as a judgment and after winning attorney’s fees of $13,465 based on a fees clause in a purchase agreement involved in the arbitration, when
Fees On Legal Malpractice For Former Attorneys Are $659,047 And Cross-Claims Recovery Is $227,420. In a case where “[t]he facts underlying this appeal are much more interesting than most facts we see on appeal,” the appellate court in Chapman v. Bollard, Case No. G049579 (4th Dist., Div. 3 Aug. 11, 2015) (unpublished) confronted
Parties Have To Go Back To Court, Says Appellate Court. In Ahern v. Asset Management Consultants Inc., Case Nos. B253974/B257684 (2d Dist., Div. 7 Aug. 11, 2015) (unpublished), defendants successfully moved to compel arbitration against plaintiffs based on the theory they were bound by an arbitration clause in a real estate purchase/sale agreement
Tips Are Broad in Nature, But Also Guide California Practice. We can tell you that Randy Evans and Shari Klevens of McKenna Long have provided some guidance to U.S. lawyers seeking to enforce fee retainer arbitration provisions in their recent Daily Report article entitled “Arbitration Provisions in Fee Agreements.” Here are the
Rule 43(d)(ii) Is The Trap. American Arbitration Association’s (“AAA”) Commercial Arbitration Rule 43(d)(ii) provides: “The award of the arbitrator may include: … (ii) an award of attorneys’ fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.”(Emphasis added.) Paul R. Wood and Thomas
Denial Of Fees Would Ignore Realities of “Dual Track” Arbitration/Court Realities Of Modern Litigation. Mesa Shopping Center-East, LLC v. O Hill, Case No. G049205 (4th Dist., Div. 3 Dec. 23, 2014) (published) is an interesting case involving the propriety of Civil Code section 1717 court fees where there is a “dual track” case,
$55,698 Fee Award Justified Based On Broad Fees Clause in Operating Agreement. Fiscal Funding Co., Inc. v. Dones, Case No. A135451 (1st Dist., Div. 3 Dec. 15, 2014) (unpublished) involved a $55,698 fee award by the superior court to a party to an arbitration successfully defending an arbitrator’s disqualification order in superior court
Court Does Not Decide Whether Contractual Provision Limiting Arbitrator’s Power To Apply Definition Of “Prevailing Party” Other Than Found In Agreement Would Be Unenforceable As Violative Of Public Policy. Does an arbitrator who applies the statutory definition of “prevailing party” found in Civil Code Section 1717(b)(1), rather than than the definition the parties contractually
