The Ninth Circuit decided an arbitration agreement that eliminates all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act [FAA; 9 U.S.C. § 10(a)], is not enforceable. (In re Wal-Mart Wage and Hour Employment Practices Litigation (Ninth Cir.; December 17, 2013) (Case No. 11-17718).
Read The Contract Under ERISA!
The plaintiff filed a claim for long term disability benefits with an insurance company in a plan covered by ERISA [Employee Retirement Income Security Act of 1974; 29 U.S.C. § 1132(a)(1)(B)]. ERISA does not specify a statute of limitations for filing suit, but a cause of action does not accrue until the plan issues a final […]
Employers’s Demurrer Overruled On Appeal.
Plaintiffs worked for a company about to be sold. The owners allegedly promised that if plaintiffs would stay on until the sale was complete, they would be paid a bonus sufficient for them to retire. The company sold for $30 million and the promised bonuses were not paid. Plaintiffs brought an action for several causes of […]
No Attorney-Client Relationship Created In Agreement To Be Available On Future Legal Matters.
In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the […]
Copyright And Intellectual Property.
The Copyright Act of 1976 provides that all civil actions must be brought within three years after the claim accrued. [17 U.S.C. § 507(b)]. The Ninth Circuit joined the Second and Sixth Circuits in deciding a statute of limitations issue in a copyright infringement suit. At the heart of the dispute is the ownership of three […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
No Authority To Sign Arbitration Agreement.
On behalf of her deceased husband, a wife sued the operators of two skilled nursing facilities for wrongful death of her husband and various torts. The two defendants petitioned the court to send the matter into arbitration based upon an arbitration agreement signed by the wife. The trial court found the wife did not have authority […]
Ralphs Grocery Company’s Arbitration Agreement Found Unconscionable.
In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Uniform Trade Secrets Act Did Not Displace Other Causes Of Action.
A former employee worked for plaintiff, a nationwide linen supply company for many years. He promised he would not, during his employment, “become interested, directly or indirectly, as a partner, officer, director, stockholder, advisor, employee, independent contractor or in any other form or capacity, in any other business similar to Company’s business.” While he was still […]
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