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Disclosure of the nature of legal practice and representation is required by arbitrator in fee dispute matter

Barger & Wolen LLP
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USA
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October 20 2010

In Benjamin, Weill and Mazer v. Kors, 2010 DJDAR 15842 (2010) the First Appellate District decided a novel case involving the disclosure requirements under the California Arbitration Act

Arbitrators fee award based on percentage of property value conveyed in settlement is upheld

Barger & Wolen LLP
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USA
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September 23 2010

In Cotchett, Pitre & MCarthy v. Universal Paragon Corp., 2010 DJDAR 13771 (2010) the California Court Of Appeal for the First Appellate District decided a unique fee case concerning a contingency fee award

Lower court properly reinstates arbitration award granting fees

Barger & Wolen LLP
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USA
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April 26 2011

In Lee v. Kwong, 2011 DJDAR 4599 (2011), a panel from the California Fifth District Court of Appeal affirmed the lower court’s decision to reinstate an arbitrator’s decision, granting a fee award

U.S. Supreme Court invalidates California's discover bank rule on classwide arbitration in AT&T Mobility v. Concepcion

Barger & Wolen LLP
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USA
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April 28 2011

On April 27, 2011, the United States Supreme Court issued an important decision in AT&T Mobility vs. Concepcion, No. 09-893, impacting the ability of defendants to move to compel arbitration in response to consumer class action complaints

Attorney properly rejects attorney fee arbitration award by filing a small claims action

Barger & Wolen LLP
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USA
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September 29 2011

In Giorgianni v. Crowley, the California Court of Appeal for the Sixth District decided a novel question arising under the California Mandatory Fee Arbitration Act for attorney fees disputes

2860 fee arbitration is denied where insurer is not currently defending

Barger & Wolen LLP
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USA
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April 7 2011

In The Housing Group v PMA Capital Insurance Co, 2011 DJDAR 4441 (2011), the California First District, Court of Appeal decided a case arising under California Civil Code 2860

Court confirms arbitral order of pre-hearing security against a policyholder and in favor of insurer

Barger & Wolen LLP
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USA
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October 26 2011

The U.S. District Court in Manhattan has confirmed an arbitration panel’s interim order, which required a policyholder to post pre-hearing security in the amount sought by an insurer

"Of counsel" title does not automatically bar claim for attorney fees

Barger & Wolen LLP
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USA
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January 17 2012

In Dzwonkowski v. Spinella, 2011 DJDAR 16427 (2011), the California Court of Appeal for the Fourth Appellate District decided an appeal relating to an award of attorney fees arising out of fee arbitration

Nonpayment of arbitration fees dooms arbitral award

Barger & Wolen LLP
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USA
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March 19 2012

In Cinel v. Christopher, 2012 DJDAR 2171 (2012), the Second District California Court of Appeal reviewed an order rendered by the trial court denying a petition to confirm an arbitration award

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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