#1: Post-Rejection Suit After Nonbinding Award Must Signal Award Rejection and Request for Trial De Novo; If Not, the Nonbinding Award May Become Binding. Kessinger v. Pepper, Case No. D057680 (4th Dist., Div. 1 July 28, 2011) (unpublished) is a very important decision for litigants rejecting a non-binding arbitration award made in an […]
Except for Slander Claim, Attorneys Relegated to Arbitrating Remaining Fee Claims. This next one is an interesting dispute between (former) clients and attorneys, where the lawyers sued for standard breach of contract, fraud, and slander. The problem is that lawyers could not effectively showe that they served a notice of right to arbitrate
Court Affirms Judgment that Includes Arbitrator’s Award of $1,136,000 in Attorney’s Fees and Costs. The Hon. Stephen E. Haberfeld (Ret.), was valedictorian at UCLA, an articles editor at Harvard Law School, a law clerk on the U.S. Court of Appeals, 2nd Circuit, an Assistant Watergate Special Prosecutor, and a U.S. Magistrate Judge. Acting
Reason: Nondisclosure of Social Relationship Between Claimant’s Attorney and JAMS Arbitrator. As reported by a June 29, 2011 post on Thomson Reuters News & Insight, a Texas appeals court vacated a $22 million base award and $6 million fee award in favor of a claimant based on claimant’s attorney’s failure to disclose his
Appellate Court Has Great Discussion on Fee Arbitration Rejection Requirements. Here is one that reminds everyone–clients and attorneys–engaging in fee arbitrations to keep a very open eye on complaint filing prerequisites applicable to rejection of adverse non-binding fee arbitration awards. The opinion discussing these topics is Clyne v. Hoover, Case No. H035539
Appellate Court So Holds in Prior Case After a Rehearing. In a prior post on October 13, 2010, we reviewed the case of Benjamin, Weill & Mazer v. Kors, Case No. A125732 (1st Dist., Div. 2), which was published but then erased from the books after the appellate court granted a rehearing on
Deadline Argument Did Not Prevail Under the Circumstances. Here is a real corker in our “Arbitration” category, especially for those of you who are procedurally oriented. In Williams v. Joseph Phelps Vineyards LLC, Case No. A127708 (1st Dist., Div. 2 Apr. 19, 2011) (unpublished), vineyard and affiliated individuals were ordered by an
One Party Prevails, But Still Suffers Adverse Judgment of Over $2 Million When Opponent Also Prevailed. This next case is a sobering reminder that “prevailing party” determinations do not necessarily result in one winner in multi-claim litigation. Even though one party might prevail and obtain a substantial fee/costs award, the other party–if that
Arbitrator Did Have Jurisdiction to Award Fees/Costs Despite Jurisdictional and Procedural Challenges By Losing Parties. Be careful what you ask for. In this one, both sides brought dueling requests for fees and costs before an arbitrator after a decision primarily in plaintiff’s favor, but the losing defendants “hedged” by arguing in opposition to
Arbitration Award Reinstated, Which Meant Substance of Attorney’s Fees Award Not Reviewable Absent Trial De Novo Request. Here is one of the first decisions we have summarized dealing with a fee award in a judicial arbitration award which became binding after plaintiffs dismissed a complaint without prejudice after filing a trial de novo
