The California courts have recently published a new case addressing allegations of elder abuse in Fenimore v U.C. Regents. The [...]
Stories are our past, our present and our future. Each generation of our forefathers has presented a story to be [...]
There are many reasons why a lawsuit should be resolved through mediation. Time and money saved by mediating a case, [...]
It’s an attorney’s job, as best as possible, to help the client reach his/her goals. The attorney has to come [...]
By Steven G. Mehta The ninth circuit has issued an opinion that holds that the employer bears burden of proving [...]
A new case , Wherry v. Award Inc., recently came down on arbitration clauses. An arbitration clause was found to be procedurally unconscionable where plaintiffs were given the agreement when at the beginning of the relationship with defendants; were told they were required to sign it if they wanted to work for defendants and were only given a few minutes to review and sign the agreement. The plaintiffs were also not given an opportunity to ask questions; nor were they given a copy of the document. Further, the clause authorizing the arbitrator to award costs, including the arbitration fee, on the losing party, was substantively unconscionable.
By Steven G. Mehta The long awaited Cassel decision has now come down this last week. The gist of [...]
By Steven G. Mehta As you may know, I have written several articles on the issue of Medicare reimbursement [...]
A new case has been decided by the California courts regarding arbitration. The case held that the inclusion of a clause in the arbitration rules that allowed for possibility of future amendments did not authorize arbitrators...
The California Court of Appeal has recently ruled that an arbitration clause that was agreed upon as part of a Union contract was not sufficient to render claims for violation of alleged statutory rights subject to arbitration pursuant to the agreement.