Arbitration

Arbitration: Another Post-Hohenshelt Reversal For The Defense Arguably Not Paying One Invoice On Time

Cases: Arbitration

Although Remanded, Facts Suggested A Possible Delay Because Of A Calamity Evacuation By Defense Counsel. As we have said before, the CCP § 1281.98 defense missed payment deadline for employer/employee cases have resulted in many reversals and remands.  That also occurred in Colon-Perez v. Security Industry Specialists, Case No. A168297 (1st Dist., Div. 1 Feb. […]

Arbitration: Where Parties Failed To Remind Arbitrator About Stipulation To Bear Fees/Costs, Subsequent Award Of Fees To Plaintiff In The Arbitration Was Not Subject To Vacatur

Cases: Arbitration

Circumstances Did Not Fall Into “Legally Dispositive Facts” Vacatur Principle. In VIP Mortgage Incorporated v. Gates, No. 24-7624 (9th Cir. Dec. 22, 2025) (published), a vacatur request was denied where an arbitration award granted attorney’s fees and costs to a plaintiff on the defense’s counterclaims even though the parties had stipulated that fees and costs

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