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With Halloween behind us, I thought it might be an interesting break from our usual serious scholarly fare for your author to share some humorous horror stories drawn from decades in the alternative dispute resolution field. Some names have been changed or eliminated – not mine – to protect the guilty. Babe in the Woods I entered the alternative…

The Supreme Court has eschewed for now the opportunity to review whether California’s Private Attorneys General Act is preempted by the Federal Arbitration Act. But another  Certiorari Petition involving the issue remains pending. We have reported many times on Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348, 327 P.3d 129 (Calif. 2014), cert. den., 135…

The North American Securities Administrators Association (“NASAA”) has released for public comment draft model rules to address the lingering problem of unpaid fines and arbitration awards. Just as we were putting SAA 2021-37 (Oct. 7) to bed, NASAA issued an October 5 Press Release, NASAA Seeks Public Comment on Proposed Model Rules to Combat Unpaid Arbitration Awards and…

PIABA’s third report in over five years says the problem of unpaid FINRA awards is getting worse, not better. The Report, FINRA Arbitration’s Persistent Unpaid Award Problem, was announced in a September 29 Press Release, PIABA – 30% of 2020 FINRA Arbitration Awards Went Unpaid, and via a 24-minute Zoom event. The headlines? “The percentage of unpaid customer awards in FINRA arbitration…

A split Ninth Circuit has finally ruled on the validity of AB-51, which would restrict predispute arbitration clauses (“PDAA”) in employment relationships. The mandatory PDAA preclusions in the new law withstand Federal Arbitration Act (“FAA”) preemption scrutiny, but the criminal and civil penalties for mandatory PDAA use do not. We sometimes wonder whether courts read…

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