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Arbitration Forfeiture

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
DLA Piper

California Supreme Court Clarifies FAA Preemption, Relief From Forfeiture in Arbitration Fee Disputes

DLA Piper on

The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing whether the Federal Arbitration Act (FAA) preempts California’s statutory...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

Buchalter on

In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Fox Rothschild LLP

Pay Your Arbitration Fees on Time or Forfeit Arbitration

Fox Rothschild LLP on

You’ve taken the right steps. You prepared and rolled out an enforceable arbitration agreement to your employees. Not surprisingly in California, you were sued. The Plaintiff, by force or voluntarily, agreed to arbitrate. You...more

Foley & Lardner LLP

Arbitrator Snooze … You Lose? A Reminder to Raise Specific Objections to an Arbitrator First, or Risk Forfeiting Them on Appeal

Foley & Lardner LLP on

You represent a business owner who ends up arbitrating a dispute with a supplier. After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator - he fell...more

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