If you have ever purchased or sold a home, or seen a medical doctor, no doubt you were presented with a proposed written agreement, possibly on a preprinted form, that contained an arbitration provision.

Read More

Plaintiffs asserting breach of contract/fraud claims often want to enforce those claims against more than just the signatories to the contract. Often times, for example, plaintiffs will also want to enforce a claim against the shareholders of a corporation who entered into an agreement, or against one or more members of an LLC that entered into […]

Read More

Court rules that arbitrators need not live in splendid isolation!

Read More

Arbitration agreements in employment agreements may not be enforced, absent special care given by employers when hiring employees.

Read More

Although it is common practice among retailers to use form contracts presented to consumers for signing without explanation and without an ability to negotiate any of the terms, a court recently held that an arbitration clause in a form contract for the purchase of a used vehicle was unenforceable.

Read More

When is a retraction not a retraction? When a court edits it. In Kelly Sutherlin McLeod Architecture, Inc. v. Schneickert, the California Court of Appeal ruled that if an arbitration agreement is broad enough and if the applicable arbitration rules are, too, then an arbitrator may require a retraction of defamatory statements.  However, the appellate court […]

Read More

The California Court of Appeal recently found that a plaintiff’s election to proceed far into their lawsuit waived their contractual right to arbitrate the dispute.

Read More