Cases: Arbitration

Arbitration and Expert Fees: Even if Award of Expert Fees Was an Act in Excess of Arbitrator’s Jurisdiction, It Did Not Provide Basis to Vacate Award

Cases: Arbitration, Cases: Experts

Second District, Division Three, Reminds Us Simple Mistake of Law or Fact is Not Necessarily in Excess of an Arbitrator’s Powers.      Frederick Lax, former President and CEO of Tekelec, brought an arbitration proceeding against Tekelec, seeking compensation for options that were lost when Tekelec did not issue necessary financial statements until after the options […]

Arbitration: Second District, Division Two Affirms Order Denying Attorney’s Fees For Client Who Defeats Petition to Confirm Amended Arbitration Award, Because He Failed to Bring to Court’s Attention that the Original Award Should Have Been Confirmed

Cases: Arbitration, Cases: Prevailing Party

Court of Appeal Notes that Strict Limitations of CCP 1286 are Seldom Acknowledged in Case Law, But Does Acknowledge Those Limitations This Time.      On February 18, 2009, we did a post on Karton v. Dougherty, a case in which a $1,146,578.38 default judgment with interest of $159,679.92 in favor of Beverly Hills attorney David

Prevailing Party: Unsuccessful Injunctive Action Was Discrete Legal Proceeding Allowing For Award Of Civil Code Section 1717 Fees

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

First District, Division 4 Follow Acosta-Otay Line of Cases.      There has been quite a splash of jurisprudence lately on the question of when a prevailing party can be adjudged in mixed legal-arbitration proceedings. The next case is the latest addition to the case law on this subject.      In Turner v. Schultz, Case Nos.

Arbitration Fee Award: Plaintiff Winning $4.1 Billion “Prove-Up” Arbitration Award Obtains $633,450 In Attorney’s Fees

Cases: Arbitration, Cases: Reasonableness of Fees, Off Topics

Arbitrator Enhances Plaintiff’s Lodestar by 3.0 Multiplier.      We give thanks to Cal Biz Lit, who in his June 16, 2009 post described a “prove-up” arbitration award of $4.1 billion stemming from a very unusual lost commission dispute. He notes that the award was confirmed as a judgment by the Los Angeles County Superior Court

Contractual Fee Arbitration: $1,078,897 Fee Award Affirmed Against Client/Tenant

Cases: Arbitration

Second District, Division 8 Found Client Waived MFAA Nonbinding Arbitration Through Malpractice Allegations in AAA Cross-Demand.      Many times in the past, we have examined the interplay between contractual arbitration and the mandatory fee arbitration act (MFAA, Bus. & Prof. Code, § 6200). Basically, under the recent California Supreme Court’s opinion in Schatz v. Allen

Private Arbitration Sanctions: Second Circuit Finds Inherent Authority Under FAA To Sanction Attorneys for Losing Party In Arbitration Proceedings

Cases: Arbitration, Cases: Sanctions

Ninth Circuit Apparently Agrees, Also.      We would like to thank Hon. Lawrence C. Waddington (Ret.), former Los Angeles County Superior Court judge who is now a neutral with JAMS, for contributing an April 21, 2009 post on enBanc, the Los Angeles County Bar Association’s blog, about a recent Second Circuit decision that has fee

Arbitration Petition Denial: Fees Not In Order Where Denial Was Only An Interim Procedural Victory

Cases: Appealability, Cases: Arbitration

Third District Distinguishes Its Facts From Otay in Unpublished Decision.      In California, attorney’s fees are generally not recoverable for interim procedural victories.   The “prevailing party,” for purposes of fee recovery, usually must await a final deposition on the merits. However, there are exceptions.      For example, Otay River Constructors v. San Diego Expressway, 158

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