Litigation
Ca. Litig. Rev. 2021
Content
- Appeals and Writs
- Art Law
- California Evidence
- Civil Procedure: Personal Jurisdiction Post-ford Motor Company V. Montana Eighth Judicial District Court
- Class Actions: 2021 Update
- Employment Law: Select Cases
- Estop, In the Name of Equity! How the Minerva Case May Have Both Narrowed and Broadened a Centuries-old Property Doctrine
- EXECUTIVE COMMITTEE & EDITORIAL BOARD
- Insurance Law
- Military and Veteran Highlights of 2021
- Table of Contents
- The Prospective Client Interview—New Considerations In Light of Formal Opinion No. 2021-205 To Avoid Conflicts and Complications
- Alternative Dispute Resolution
ALTERNATIVE DISPUTE RESOLUTION
Written by Paul Dubow*
California courts and the Ninth Circuit issued 64 published decisions involving ADR in 2021, two more than last year’s record high, which had been the highest total number of ADR cases in recent past. Curiously, neither the California nor United States Supreme Court issued opinions involving ADR. However, the United States Supreme Court issued a writ of certiorari on an unpublished decision.1 A discussion of the most significant decisions of the intermediate courts follows.
ARBITRATOR DISCLOSURE
The Court of Appeal and the Ninth Circuit each issued decisions this year applying and, to a degree, clarifying the Ninth Circuit’s holding in Monster Energy Company v. City Beverages LLC,2 in which the Ninth Circuit vacated an award issued by the Judicial Arbitration and Mediation Service (JAMS) on the ground of evident partiality. The arbitrator, who revealed that he had an ownership interest in JAMS, did not reveal that the winning party had participated in 97 arbitrations before JAMS over a five-year period. The court held this rate of business dealing was hardly trivial, regardless of the exact profit-share, and created an impression of bias that required disclosure.3