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3rd Cir. Affirms Arbitrator’s Right to Re-Allocate Arbitration Fees to Consumer Based on Claimant’s Alleged Manufacture of a TCPA Claim, Reverses Award of Attorney’s Fees Based on Indemnity Theory

by Scott J. Hyman |

In Credit One Bank, N.A. v. Lieberman, No. 22-1871, 2023 U.S. App. LEXIS 14853, at *1-9 (3d Cir. June 15, 2023), the Court of Appeals for the 3rd Circuit addressed re-allocation of arbitrator's fees and attorneys' fees based on an arbitrator's conclusion that TCPA claimant had manufactured the claim. Pursuant to a clause in the agreement, Adam instituted arbitration, claiming… Read More

Court of Appeal (Cal.) Says Failure to Pay Arb. Fees within 30-days of Invoice under CCP 1281.97 Waives Arbitration, Even if No Prejudice or Substantial Compliance

by Scott J. Hyman |

In Espinoza v. Superior Court, No. B314914, 2022 Cal. App. LEXIS 816, at *10-17 (Ct. App. Sep. 27, 2022), the Court of Appeal found that the defendant's failure to pay an arbitrator's invoice within 30 days barred arbitration, period, even if no prejudice or if there was substantial compliance.  The Court of Appeal stated. The parties do not dispute that… Read More

Court of Appeal (Cal.) Says Statutory Penalty Against Party Who is Late on Paying Arbitration Fees is Not Pre-empted by FAA

by Scott J. Hyman |

In Gallo v. Wood Ranch United States, No. B311067, 2022 Cal. App. LEXIS 652, at *3-6 (Ct. App. July 25, 2022), the Court of Appeal addressed the effect of late payment of arbitration fees under the penalties provided for by Civil Procedure Code sections 1281.97 and 1281.99, which obligate a company or business who drafts an arbitration agreement to pay… Read More

The California Legislature Sneaks Another One In: Pay Your Arbitration Fees on Time or You’re In Breach

by Scott J. Hyman |

The California Legislature enacted SB 708, effective January 1, 2020, as a further attack on arbitration in California.  SB 708 states, in part, that: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the… Read More

District Court (Fla.) Says That Defendant Cannot Complain about JAMS’ Classification of Arbitration under its “Consumer” Rules that Required Defendant to Pay All but $250 of the Fees; Defendant Could Not Refuse to Pay Arbitral Fees Without Defaulting

by Scott J. Hyman |

In Freeman v. Smartpay Leasing, LLC, 2018 WL 467390, at *1–2 (M.D.Fla., 2018), Judge Presnell deemed a defendant in default for failing to pay JAMS' fees when JAMS classified the arbitration as a "consumer" arbitration that required the defendant to bear almost all of the fees. The Arbitration Agreement gave Freeman the option of choosing between two arbitral fora—the American… Read More