Cases: Arbitration

  Arbitral Finality Rule Violated, If Trial Court Could Award Arbitration Fees Never Conferred By Arbitrator.      FEHA plaintiff was forced to arbitrate her case, but was “defensed” in the arbitration although the arbitrator did not assess any attorney’s fees or costs against her. However, the defense moved to recover fees and costs, with the

  Tons of Litigation Before Moving to Arbitrate Constituted a Clear Waiver.      Justice Bedsworth, on behalf of a 3-0 panel in Eagan Avenatti, LLP, et al. v. Stroll, et al., Case No. G048143 (4th Dist., Div. 3 Feb. 28, 2014) (unpublished), sustained a lower court ruling that former co-counsel and former clients had waived

  Each Side’s Arbitration Submissions Allowed Arbitrator to Award Fees–Invited Error, Pure and Simple.      Here is an interesting case from our local appellate court affirming a substantial attorney’s fees award, even though based on dubious grounds, because both parties invited consideration of the relief in their own pleadings before the arbitrator.      In Vadim

  . . . Doesn’t Have To Raise In Complaint, With District Court Deciding the Issue.      Smith v. JEM Group, Inc., Case No. 11-35964 (9th Cir. Dec. 12, 2013) (published) is a case deciding that a plaintiff opposing arbitration can challenge the validity in an opposition to compel arbitration by the defense, rather than

However, The Arbitration Advisories Do Not Constitute The Official Position Or Policy Of The State Bar      In his blog on California Mediation and Arbitration, co-contributor Marc has posted the list of “Arbitration Advisories” that have been created under the auspices of the Committee on Mandatory Fee Arbitration of the California State Bar.  Though