New CA Arbitration Case

 

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 


Arbitration

A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Last month, the Second District Court of Appeal published a new case addressing whether recent U.S. Supreme Court decisions have overruled Iskanian regarding Private Attorney General Act (PAGA; Labor Code, section 2699 et seq.) cases in California. A brief video discussing the case is above and my summary of the case is below.

New Arbitration Decision 

Wing v. Chico Healthcare & Wellness Centre (2022) _ Cal.App.5th _ , 2022 WL 1261452: The Court of Appeal affirmed the trial court's order denying defendant's motion...

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New CA Arbitration Case

 

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Arbitration

In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.

New Arbitration Decision 

State Farm Mutual Automobile Ins. Co. v. Robinson (2022) _ Cal.App.5th _ , 2022 WL 765906: The Court of Appeal affirmed the trial court's judgment confirming an uninsured motorist arbitration award against defendant. In uninsured-motorist arbitration proceedings discovery disputes are resolved by a trial court, not the...

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New Medical Malpractice Case

 

The Medical Injury Compensation Reform Act, commonly known as MICRA, has been on the books in California since 1975. One of its provisions limits non-economic damage awards to a maximum of $250,000. You'd think that California courts would have determined all of the possible MICRA issues, but that's not the case. Just last month, the California Supreme Court issued a new decision regarding MICRA that I discuss in the video above.

Mediation, Arbitration and Referee Services

I help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've...

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New Employment Law Case

In addition to my work as a mediator, arbitrator and referee, I help California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries. 

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 43 new California civil and family law cases published in January of 2022. 

California Supreme Court
Employment

 Lawson v. PPG Architectural Finishes, Inc. (2022) _ Cal.5th _ , 2022 WL 244731: The California Supreme Court, answering a question posed by the Ninth Circuit Court of Appeals, determined the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5. Once an employee-whistleblower establishes by a preponderance of the evidence that retaliation was a contributing factor in the employee’s termination, demotion, or other...

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New Torts Case re protecting students from sexual assault, November 2021

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 32 new California civil and family law cases published in November of 2021.

California Courts of Appeal

Torts

Doe v. Lawndale Elementary School Dist. (2021) _ Cal.App.5th _ , 2021 WL 5578329: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order granting defendants’ motion for summary judgment in an action for sexual assault of a minor student by a music teacher. The Court of Appeal concluded that school administrators have a duty to protect students from sexual abuse by school employees, even if the school does not have actual knowledge of a particular employee’s history of committing, or propensity to commit, such abuse. Therefore, it reversed the trial court’s order granting summary adjudication on plaintiff’s negligence causes of action....

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