April 24

Where an Arbitration Agreement Governed by the Federal Arbitration Act Contains a Choice-Of-Law Provision, Individual Employment Claims Must Still be Arbitrated

Where an Arbitration Agreement Governed by the Federal Arbitration Act Contains a Choice-Of-Law Provision, Individual Employment Claims Must Still be Arbitrated

In Mel R. Bravo v. RADC Enterprises, Inc., the parties executed a two-page arbitration agreement covering “all disputes” arising from their employment relationship. The agreement incorporated a choice-of-law provision which set forth: “This Agreement shall be governed by and shall be interpreted in accordance with the laws of the State of California.”

February 7

Section 998 Offers to Compromise: Good Faith and Prematurity

Section 998 Offers to Compromise: Good Faith and Prematurity

In Licudine v Cedars-Sinai Medical Center, the California Court of Appeal affirmed the trial court’s ruling that a California Code of Civil Procedure §998 Offer (“offer”) was not made in good faith when made only 19 days after serving the defendant with the complaint; when made only five days after defendant filed its answer; when the defendant had very little information available; and when plaintiff never responded to that concern, thus precluding recovery of interest and expert costs pursuant to §998.

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