Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more
On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more
Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more
Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more
Over the past few years, this blog has followed the California Legislature’s concerted efforts to vitiate employment arbitrations in the state. Senate Bill 365 is the next in line....more
The California Court of Appeal, Fourth District, Division One, issued the following decision on October 17, 2023: FCM Investments, LLC v. Grove Pham, LLC, et al., Case No. D080801: Though an agreement to privately...more
A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more
On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more
On October 10, 2023, Governor Gavin Newsom signed into law a bill that will allow plaintiffs in California to continue pursuing claims during the pendency of an appeal to an order denying a petition to compel arbitration. The...more
Some cases have limited California’s statutory right to withdraw from arbitration based on late fee payments, but many others have enforced this strict rule, making timely payment of arbitration fees and carefully worded...more
Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more
The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more
Since the turn of the century, the judicial and legislative branches in California have added barrier after barrier to employers who have consciously sought arbitration; an oft-stated “preferred” method of resolution. The...more
The US Court of Appeals for the Federal Circuit found that a license agreement between two parties required an arbitrator to determine whether a dispute between the parties had to be heard by an arbitrator. ROHM Semiconductor...more
Fall colors are on full display in DC. But leaf peeping can’t keep us from following the latest news at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective...more
The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more
A California appeals court has ruled that an arbitration provision in a plan provider agreement was enforceable as “Step Two” of its dispute resolution process. In Epstein v. Vision Service Plan, optometrist Gordon Epstein...more
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes - OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) - In the most recent chapter of the ongoing saga regarding the enforceability of...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more