Cases: Arbitration

Fees Clause Interpretation/Arbitration: “Such Proceeding” Language Broad Enough To Encompass Fee Recovery For Litigation, Where Parties Waived Arbitration Rights

Cases: Arbitration, Cases: Fee Clause Interpretation

  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 […]

MFAA Arbitration: Two Unpublished Decisions Explore MFAA Issues

Cases: Arbitration

  #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      Kessinger v. Pepper, Case No. D057680 (4th Dist., Div. 1 July 28, 2011) (unpublished) is a very important decision for litigants rejecting a non-binding arbitration award made in an

Arbitration: Failure to Comply With MFAA Notice Requirements Required Dismissal Of Contractual Claims Without Prejudice And Did Not Impact Slander Claims

Cases: Arbitration

  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

Arbitration: Court of Appeal, Fourth District, Division 3, Rejects Appellant’s Argument that Arbitrator Needed to Disclose that His Parents Were German Jewish Refugees from Nazi Germany.

Cases: Arbitration

  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

Arbitration: Client Rejecting Nonbinding Arbitration Award But Failing To File Complaint About Fee Recovery Precluded Challenge To Award

Cases: Arbitration

  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

Arbitration/Prevailing Party: Client’s Efforts In Compelling Contractual Arbitration Under Arbitration-Bearing Fee Clause Gives Rise To Fee Recovery

Cases: Arbitration, Cases: Prevailing Party

  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

Arbitration: Substantial Supplemental Arbitrator Fee Award Of Almost $1.9 Million Affirmed On Appeal

Cases: Arbitration, Cases: Deadlines

  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

Arbitration/Prevailing Party/Construction: Dueling Prevailing Party Determinations May Sting One Party To Its Dismay

Cases: Arbitration, Cases: Prevailing Party

  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

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