One Can Prevail For Purposes of Getting Postarbitration Fees Even If the Arbitrator Awarded No Fees For Arbitration Work. Justice Ikola, on behalf of a 3-0 panel in Toal v. Tardif, Case No. G044823 (4th Dist., Div. 3 Mar. 29, 2012) (unpublished), drew an important distinction for parties involved in arbitration: […]
Messy Arbitration Case With Assignment of Rights Means Trouble. Liner Grode et al. v. Rotondo, Case No. B22106 et al. (2d Dist., Div. 7 Mar. 22, 2012) (unpublished) was an appeal from a messy corporate governance/derivative arbitration in which no one clearly prevailed. However, the arbitrator–because equity can be used–did award fees to
However, Attorney Did Prevail in Lawsuit, So Costs Should Have Been Awarded. Attorney sued a former client in a dispute over attorney’s fees for services provided in an arbitration. Attorney, who replaced another attorney in an owner-contractor construction defect dispute, did win a $1,034,297, plus $40,125 attorney’s fees, award from an arbitrator, although
Denial of 998 Cost Enhancements Was Not Improper. Maaso v Signer, Case No. B228314 (2d Dist., Div. 2 Feb. 7, 2012) (certified for publication) is one of those lessons for all of us practitioners who arbitrate to take to heart–make sure you check the arbitration submission agreement for breadth of issues, meaning that
Employee Won Substantive Unconscionability Argument Based on Absence of Frivolousness Requirement for Employer FEHA Fee Recovery. Normally under FEHA, a prevailing defendant (usually, an employer) can only recoup fees if it proves that plaintiff employee’s claims were frivolous, unreasonable, without foundation, or brought in bad faith. What happens when an employer inserts an
$74,124 in Fees/$1,529.40 to Successor Trustees Were the Winning Awards. Portico Management Group, LLC v. Harrison, Case No. C062060 (3d Dist. Dec. 28, 2011) (unpublished) is a chilling opinion–forget that it is the Holidays that are not as chilly in California as other areas of the country–both about making sure proper parties are
Nothing in New York International Convention Negated Inherent Court Authority. The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran won a breach of contract arbitration award against a U.S. corporation, which was confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the
Award Rejection and Petition to Vacate Arbitration Award Are Not “Action” Filing Equivalents. We have posted in the past on the importance of observing formalities when it comes to rejecting a nonbinding award in an attorney-client arbitration under the Mandatory Fee Arbitration Act (MFAA). Well, here is another unpublished decision that tells attorneys,
Breadth of Language Made the Difference in this One. Here is an interesting one that confirms that the breadth of language in a fees clause can make a difference. It especially did here, where the parties waived arbitration rights but the fees clause, but the use of “proceeding” language was broad enough to
Reason: Lack of Due Process! Here is a wild one, but one that shows appellate (and trial) courts will not hesitate to reverse awards when unfairness and due process concerns are present. In Wang v. Sun Led Sign Supply, Inc., Case No. B224195 (2d Dist., Div. 2 Aug. 17, 2011) (unpublished), an
