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Employment contract’s choice-of-law provision governs question of arbitrability, Court of Appeal rules

Barger & Wolen LLP
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USA
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April 5 2013

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not

One-sided employment arbitration agreement unconscionable, Court of Appeal rules

Barger & Wolen LLP
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USA
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April 1 2013

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an

FINRA panel rules on Charles Schwab's challenge to FINRA rules prohibiting class action waiver clauses

Barger & Wolen LLP
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USA
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February 22 2013

In October 2011, Charles Schwab ("Schwab") began inserting into its customer Account Agreements a class action waiver clause. Schwab's Account

Property owners are entitled to fee award arising from invalid claims made by homeowners association

Barger & Wolen LLP
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USA
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February 13 2013

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an

District court finds class action waiver clauses in employment agreements are permissible under FINRA Rules 13204(a) and (b)

Barger & Wolen LLP
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USA
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December 6 2012

On December 4, 2012, in Cohen v. UBS Financial Services, Inc., et al, 12-CIV-2147 ("Cohen"), the United States District Court for the Southern District of New York addressed whether Rules 13204(a) and (b) of the FINRA Code of Arbitration Procedure precluded enforcement of class action waiver clauses in arbitration agreements with financial advisors

Waiver of attorney fees contained in residency agreement is contrary to public policy

Barger & Wolen LLP
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USA
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September 25 2012

In Bickel v. Sunrise Assisted Living, 206 Cal.App.4th 1 (2012), the California Court of Appeal for the Fifth Appellate District decided a fee case under the Elder Abuse Statute contained in Welfare and Institutions Code Section 15600 et seq

Waiver of agreement to arbitrate requires denial of petition to compel arbitration

Barger & Wolen LLP
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USA
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September 6 2012

In Cinel v. Barna, 2012 DJDAR 7995 (2012), the California Second District Court of Appeal affirmed the trial court’s denial of a petition to compel arbitration

California Court of Appeal rules arbitration is not available for claims based on statutory wage and hour claims

Barger & Wolen LLP
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USA
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July 10 2012

In Hoover v. American Income Life Insurance Company, Plaintiff was a sales agent for Defendant American Income Life Insurance Company (“AIL”), pursuant to a written contract that provided she was an independent contractor

Failure to engage in mandatory contractual mediation bars fee claim

Barger & Wolen LLP
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USA
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July 3 2012

In Cullen v. Corwin, 2012 DJDAR 7533 (2012), the Third District Court of Appeal decided a unique attorney fee case arising under a standard form real estate purchase contract

There can only be one prevailing party under Civil Code Section 1717

Barger & Wolen LLP
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USA
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June 6 2012

In Frog Creek Partners LLC v. Vance Brown Inc., 2012 DJDAR 6905 (2012), the California Court of Appeal for the First Appellate District decided a novel prevailing party case under Civil Code Section 1717

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