San Francisco-Based Mediator And Arbitrator Paul Dubow Has Reported On 18 California And Ninth Circuit Cases Related To ADR.
In the 2015 Edition of the California Litigation Review, published by the Litigation Section of the State Bar of California, Paul Dubow has reported on “interesting and significant opinions relating to ADR particularly in the area of arbitration.” Having blogged for several years now on California mediation and arbitration cases, I note that the courts write far more opinions about arbitration than about mediation, a fact reflected by Mr. Dubow’s excellent report. Here are the 18 cases that Paul Dubow has reported about, with links to my blog posts on 14 of the cases:
1. DirectTV, Inc. v. Imburgia, ___ U.S. ___, 136 S. Ct. 463 (2015) (“law of your state” meant valid law after considering FAA preemption, resulting in enforcement of arbitration provisions.) December 15, 2015 post.
2. Garrido v. Air Liquide International US LLP, 241 Cal.App.4th 833 (2015) (FAA does not apply to truck drivers who are transportation workers involved in interstate commerce; CAA governs).
3. Khalatian v. Prime Time Shuttle, Inc., 237 Cal.App.4th 651 (2015) (14-month delay in bringing motion to compel, absent showing of prejudice, did not result in waiver of right to arbitrate). June 9, 2015 post.
4. Brinkley v. Monterey Financial Services, Inc., 242 Cal.App.4th 314 (2015) (FAA applied to contract involving interstate commerce, even though the contract did not reference FAA). November 29, 2015 post.
5. Franco v. Arakelian Enterprises, Inc., 234 Cal.App.4th 947 (2015) (rulings in Concepcion and Iskanian require reversal and remand to trial court of orders denying employer’s petition for arbitration, while preserving employee’s rights to prosecute PAGA claims in a non-arbitration forum.) February 26, 2015 post.
10. Carlson v. Home Team Pest Defense, 239 Cal.App.4th 619 (2015) (affirming order denying employer’s motion to compel arbitration, on grounds that the arbitration provisions were procedurally and substantively unconscionable.) October 20, 2015 post.
11. Brennan v. Opus Bank, 796 F.3d 1125 (9th Cir. 2015) (incorporation of AAA rules meant there was a clear delegation of authority to arbitrator to decide arbitrability questions).
12. Sussex v. United States District Court for the District of Nevada, 781 F.3d 1065 (9th Cir. 2015) (district court’s mid-arbitration intervention because arbitrator failed to disclose he bought and sold lawsuits to investors had too remote a connection to arbitrator bias to justify disqualifying the arbitrator).
13. Richey v. Autonation, Inc., 60 Cal.4th 909 (2015) (possibility that defendant violated plaintiff’s statutory rights did not require vacating arbitrator’s award, because defendant legitimately fired plaintiff for violating company policy). January 29, 2015 post.
14. SingerLewak LLP v. Gantman, 241 Cal.App.4th 610 (2015) (accounting firm’s award against departing partner for violating covenant not to compete did not violate public policy where arbitrator found implicit geographical limitation) (ordered published by Supreme Court). October 22, 2015 post.
15. Ramos v. Westlake Services, Inc., 242 Cal.App.4th 674 (2015) (fraud in execution of arbitration agreement where car dealer provided misleading translation of service agreement to Spanish speaker). November 29, 2015 post.
16. Miranda v. Anderson Enterprises, Inc., 241 Cal.App.4th 196 (2015) (“death knell” exception allowing for immediate appeal of order granting motion to compel arbitration, applied to PAGA representative claims).
17. Cobb v. Ironwood Country Club, 233 Cal.App.4th 960 (2015) (retroactive effort by country club to compel arbitration by including arbitration clause in bylaws after suit was filed against it fails). February 1, 2015 post.
18. Amis v. Greenberg Traurig LLP, 235 Cal.App.4th 331 (2015) (malpractice claim fails because attorney’s advice was given in context of mediation and is inadmissible; even inference that settlement agreement was signed based on attorney’s advice was inadmissible). March 19, 2015 post.