Cases: Arbitration

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      In Williams v. Joseph Phelps Vineyards LLC, Case No. A127708 (1st Dist., Div. 2 Apr. 19, 2011) (unpublished), vineyard and affiliated individuals were ordered by an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

Judicial Arbitration: Two Attorney’s Fees Of About $35,000 Each To Different Defendant Groups Affirmed After Plaintiffs Dismissed Complaint After De Novo Trial Request

Cases: Arbitration, Cases: Section 1717

  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

Arbitration/Construction Prompt Payment Statute: Fourth District, Division 3 Finds Fee Recovery Allowable For Withholding Progress Payments To Contractor

Cases: Arbitration, Cases: Special Fee Shifting Statutes

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

Arbitration: JAMS Introduces Optional Expedited Arbitration Procedures

Cases: Arbitration

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).

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