David J. McMahon

David J. McMahon

Barger & Wolen

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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

Plaintiff Entitled To Appeal Fee Award Despite Bankruptcy Court Plan Confirmation

In Edwards v. Broadwater Casitas Care Center, 2013 DJDAR 15911 (2013), the California Court of Appeal for the Second Appellate District decided an interesting case involving the interplay of a petition for attorney fees...more

2/13/2014 - Arbitration Attorney's Fees Bankruptcy Code Commercial Bankruptcy

Mandatory arbitration costs are properly assessed to law firm

In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more

9/26/2013 - Arbitration Arbitration Agreements Legal Costs Mandatory Arbitration Clauses

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

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