Ninth Circuit Issues Forum Selection Clause Opinion
English: Kingdom Centre, Riyadh, Saudi Arabia. Taken by BroadArrow in 2007. (Photo credit: Wikipedia) The Ninth Circuit issued an opinion today in Petersen v. Boeing Company, No. 11-18075, __ F.3d __...
View ArticleSecond District Publishes Attorney Disqualification Opinion: Khani v. Ford...
1961 Ford H-Series trucks (Photo credit: Wikipedia) The Court of Appeal for the Second Appellate District yesterday ordered published Khani v. Ford Motor Company, et al., No. B239611, __ Cal.App.4th __...
View ArticleAmending Attorneys’ Fees Allegation in Midst of Trial Found Prejudicial
Late (Photo credit: Tom Bech) The Second District held today that it is an abuse of discretion to permit an amendment to a complaint on the fourth day of a five-day trial. Duchrow v. Forrest, __ Cal....
View ArticleSecond District Articulates “Clear and Unmistakable” Waiver Standard for...
_DSC9576 (Photo credit: treyguinn) In a wage and hour class action, the Second District articulated today a “clear and unmistakable” standard for waiver of right to immediate payment of vested vacation...
View ArticleChallenge to Court Reporter’s Proposed Transcript Cost Cannot Be Raised in...
Court Reporter tests his Stenomask (Photo credit: Wikipedia) Yesterday, in an appeal from a dismissal of a class action, the Second District held that a non-noticing party in a deposition, who does not...
View ArticleFourth District Reverses Denial of Meal & Rest Break Class Action
English: Cash transport van with guards in Guangzhou, China Русский: Машина инкассаторов с охраной в Гуанчжоу (Photo credit: Wikipedia) In a meal and rest break class action, the Fourth District on...
View ArticleArbitration Clause on Back of Pre-Printed Auto Purchase Contract Is...
Mini Maint Page 1 (Photo credit: Flyinace2000) Yesterday, in Vargas v. SAI Monrovia B, Inc., No. B237257, __ Cal. App. 4th __ (2d Dist. June 4, 2013), a putative class action, the Second District...
View ArticleSixth District Reverses Arbitration Order as to PAGA Claims
Exception! (Photo credit: shaymus22) In a putative class action, the Sixth District held that an arbitration agreement cannot be enforced against PAGA claims. Brown v. Superior Court (Morgan Tire...
View Article“Good, Bad, or Ugly”: U.S. Supreme Court Upholds Arbitrator’s Interpretation...
The Good, the Bad and the Ugly (soundtrack) (Photo credit: Wikipedia) A unanimous U.S. Supreme Court today affirmed an arbitrator’s interpretation of an arbitration clause to permit class proceedings....
View ArticleU.S. Supreme Court Issues Another Pro-Arbitration Decision, Upholding a Class...
American Express? (Photo credit: the justified sinner) Today the U.S. Supreme Court issued its opinion in American Express Co. v. Italian Colors Restaurant, No. 12-133, 570 U.S. __ (June 20, 2013)....
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