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Discriminatory Reason for Discrediting Testimony

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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FCM Investments, LLC v. Grove Pham, LLC (2023) 2023 WL 6826821

This decision vacates an arbitration award for misconduct by the arbitrator in discrediting the defendant's primary witness' testimony because she askeds for an interpreter during the arbitration though she had been in the US and conducted sophisticated business dealings here for decades.  The arbitrator’s credibility finding rested on unacceptable misconceptions about English proficiency and language acquisition and gave rise to… Read More