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.
A health care plan given as an employment benefit pursuant to a collective bargaining agreement contained an enrollment form that complied with Health & Safety Code 1363.1's requirement that immediately before the employee signature there appear a disclosue of the fact that the plan requires arbitration and that the enrollee waives the right to trial by jury. The plan also… Read More
Defendant waived delegation clause issue. While the petition to compel arbitration mentioned the clause, defendant did not argue in the trial court that the issue of whether the arbitration agreement met Health & Safety Code 1363.1 requirements was to be decided by the arbitrator rather than the court. Read More
