David J. McMahon

David J. McMahon

Hinshaw & Culbertson LLP

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Can lawyers contractually agree to preclude a court from reviewing an arbitration award?

In Burton v. Class Counsel, 2013 DJDAR 16253 (2013), the Ninth Circuit Court of Appeal decided a unique case under the Federal Arbitration Act (FAA). The court decided the issue of whether lawyers can contractually agree to...more

3/12/2014 - Arbitration Arbitration Awards Attorney's Fees Complex Litigation Federal Arbitration Act

Prevailing Party in Arbitration is Entitled to Post-Award, Prejudgment Interest Under Nevada Law

In Lagstein v. Certain Underwriters at Lloyd’s of London the Ninth Circuit held that Nevada law allows the prevailing party in arbitration proceedings to collect post-award, prejudgment interest....more

9/4/2013 - Arbitration Arbitration Awards Disability Insurance Prejudgment Interest

Pre-Arbitration Award of Attorney Fees Reversed

In Roberts v. Packard, Packard & Johnson, the California Court of Appeal for the Second Appellate District made an important clarification in the law and held that under Civil Code section 1717, attorney fees can only be...more

8/6/2013 - Arbitration Arbitration Awards False Claims Act

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

2/14/2013 - Appeals Arbitration Awards Attorney's Fees Bylaws Fees Homeowners' Association Mediation Permits Prevailing Party Property Improvements

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