Since one of the goals of arbitration is reduce litigation time and expenses, arbitrations do not typically involve appeals. But sometimes cases can raise issues related to arbitration, and these can generate an appeal.
This case raised the issue of when a party can waive its right to arbitrate.
Two former business partners were involved in a dispute. They arbitrated, and Mr. Adelstein's client prevailed and obtained a $1.6 million judgment. The opposing party then engaged in an odd series of procedural moves. He moved to set aside the arbitration award, lost, and appealed. He sought and obtained permittion to file a "separate statement" but really wanted the arbitration to provide additional details about the arbitration award long after it was final. The abitration ruled that he lacked jurisdiction to do so and in any case had long since discarded his notes. The opposing party then dismiseed his appeal and sought a new arbitration, incorrectly labelling it a "new trial." The trial court refused, and he appealed that ruling.
Mr. Adelstein represented the prevailing party on appeal. The Court of Appeal dismissed part of the appeal and ruled for Mr. Adelstein's client on the rest.
Case Data
Court of Appeal Opinion.
Court: California Court of Appeal, Second Appellate District, Division Four
(Los Angeles)
Case No. B236933
Author: Justice Nora Manella
Opinion Date: September 26, 2012
This case raised the issue of when a party can waive its right to arbitrate.
The plaintiffs sued for elder abuse, wrongful death, and other torts. The parties had previously entered into an agreement providing for arbitration. After the plaintiffs sued, the defendants had conducted discovery, filed numerous motions, waited a considerable amount of time, and then moved to compel arbitration. The trial court held that the defendants had waived their right to arbitration by actively litigating the case. The defendants appealed, and Mr. Adelstein represented the prevailing plaintiffs on appeal. The Court of Appeal agreed with Mr. Adelstein and the trial court and affirmed.
Case Data
Court: California Court of Appeal, Second Appellate
District, Division One (Los Angeles)
Case No. B141492
Author: Justice Reuben A. Ortega
Opinion Date: May 2, 2000
Trial Counsel: William H. Newkirk, Newkirk, Rollin & Drucker (now with Law
Offices of William H. Newkirk)