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 In Williams v. Joseph Phelps Vineyards LLC, Case No. A127708 (1st Dist., Div. 2 Apr. 19, 2011) (unpublished), vineyard and affiliated individuals were ordered by an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
Court of Appeal Agrees With Reasoning in Hinerfeld-Ward. Plaintiff contractor sued defendant owner for breach of contract, mechanic’s lien foreclosure, violation of the Civil Code section 3260.1 prompt payment statute relating to withheld progress payments, promissory fraud, and conspiracy to commit fraud. The case was arbitrated, with plaintiff eventually awarded $245,763.09 in damages against
Target is 150 Day Resolution From Date of Preliminary Conference. Co-contributor Mike participated in a JAMS Roundtable last year in the Orange, California office. One of the themes addressed was the need to address the rising costs of private arbitration as an ADR process in general (including the attorney’s fees to engage in arbitration).
Arbitrator’s Reading of Prior Mediator Decision Did Not Upset Award. If you believe that an arbitrator exceeded his powers or did something improper, make sure you raise it clearly–in writing–during arbitration proceedings. If you proceed, without making a record, the next case tells us you do so at your peril! BH Partnership
