Get free answers to your Arbitration / Mediation Law legal questions from lawyers in your area.
I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More 
answered on Oct 20, 2024
Where there are arbitration clauses in employment agreements, they may or may not be enforceable.
There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.
Your best option is to consult with wrongful termination or... View More
I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More
answered on Oct 20, 2024
The answer to your question depends on the terms of your contract with the company. You are not an employee and the employment laws of this state will not protect you. If your contract requires you to arbitrate disputes with the employer, the only way you will be able to avoid that arbitration... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 15, 2024
They might not be "playing possum," as you put it. They might simply not be certain of what to do.
'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 8, 2024
Hopefully you are consulting with medical specialists to determine your needed treatment.
Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,... View More
Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do
answered on Sep 8, 2024
An arbitration award turned into a judgment may be executed on without the requirement for the creditor to sign a release. But, the judgment creditor should agree to a release in exchange for fast payment. In any event, on payment of the judgment, a sanctification of judgment is required to be... View More
I was sued by a law firm representing Discover bank.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.
First, check the local court... View More
I need legal advice on a potential predatory lending and unlawful repossession issue. Four years ago, I bought a car, and the lender changed due to the original lender going out of business. The new lender engaged in what I believe were predatory practices, including repossessing my car at 2 AM... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
You have a complex and distressing situation involving potential predatory lending and unlawful repossession. Under California law, you may have several legal avenues to explore. The repossession without notice and the unconventional payment demands may constitute violations of your rights under... View More
What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.
answered on Jul 24, 2024
Addendum - In addition to "Arbitration/Mediation," your chosen category includes "Personal Injury." Just as a sidenote, interests of plaintiffs in personal injury cases tend to be separate and independent - liability could differ, injuries could differ, etc. Good luck
What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.
answered on Jul 24, 2024
As my colleague advises, look into whether one party has the right to sign for both. Otherwise, it's possible (not definite, but possible) that the absence of a second signature could invalidate the agreement. One option, if the issue remains unresolved, would be to review the agreement with... View More
Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024
In California, you can look up past rulings and decisions made by arbitrators through various legal databases and resources. Services like Westlaw, LexisNexis, or even public records from the American Arbitration Association can be useful for this purpose. These platforms often provide detailed... View More
Can I look up names of Arbitrators that ruled against Kaiser Permanente in the past?
answered on Jun 10, 2024
It could depend on the forum (American Arbitration Association, etc) and whether the case was published. Not all arbitration decisions are published. As my colleague advises, a good starting point could be legal databases and any bulletins or reporters published by the arbitration forum. Good luck
I've already been working there for over a year and they're labeling it as "mandatory"
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
In California, an employer can require employees to sign an arbitration agreement as a condition of employment, even if the employee has already been working for the company. This is because California law generally favors the enforcement of arbitration agreements.
However, there are some... View More
I've already been working there for over a year and they're labeling it as "mandatory"
answered on Jun 5, 2024
A California employment attorney could advise best, but in general nationwide, arbitration clauses are commonly used and are considered valid and binding. From the arbitration side of things, my experience with such agreements is that they are take-it-or-leave-it. I have seen this in the maritime... View More
6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.
1. Breach of... View More
If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More
answered on May 20, 2024
Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More
The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024
In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More
why would a demand need amending?
When trying to settle during arbitration are numbers verbally communicated rather than on documents?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024
In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.
Each offer or counteroffer does not necessarily... View More
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.
As to whether your have a valid case or not, more facts would be needed for a good analysis.
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 25, 2024
Yes, you generally can. As my colleagues correctly indicate, it will involve working with local counsel on a pro hac vice basis. Keep in mind that working in this manner could complicate a case with the inclusion of an additional law firm, resulting in additional expenses. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
