Barger & Wolen

SCOTUS Rules: Right or wrong, arbitrator's interpretation stands

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Unsuccessful Litigant Still Wins Fees Under Vaccine Injury Act

In Sebelius v. Cloer, the United States Supreme Court decided a closely watched attorney fee case arising under the National Childhood Vaccine Injury Act of 1986 (“the Act”). That Act established a no-fault compensation system…more

| Civil Procedure, Civil Remedies

Oppression and Surprise Render Arbitration Provision Unenforceable

In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that the arbitration provision…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Insurer Has No Duty To Verify Accuracy of Insurance Application...

In American Way Cellular, Inc. v. Travelers Property Casualty Company of America, issued May 30, 2013, the California Court of Appeal for the Second Appellate District reaffirmed that insurers are not obligated to investigate…more

| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate -...

Court Interprets Settlement Agreement to Allow For Fee Recovery

In Khavarian Enterprises Inc. v. Commline Inc.,2013 DJDAR 6107 (2013) the California Court of Appeal for the Second Appellate District overruled the trial courts denial of a fee claim arising out of a settlement agreement…more

| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies,...

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