Court Tosses Seyfarth Shaw Arbitration Win for Chase Citing Repeat Player Problem
A California appellate court tossed a defense win for JPMorgan Chase Bank finding the arbitrator in the case below failed to make required disclosures when she signed on to handle at least four separate arbitrations involving Chase's law firm, Seyfarth Shaw.
August 03, 2018 at 05:30 PM
2 minute read
A California appellate court on Thursday tossed an arbitration ruling that Seyfarth Shaw won for JPMorgan Chase Bank N.A. citing the arbitrator's failure to disclose at least four other arbitrations involving the firm's lawyers.
In a 30-page published opinion, a unanimous three-judge panel of the Second District Court of Appeal in Los Angeles found that their retired colleague Candace Cooper failed to provide litigants with a page of a required 11-page questionnaire in the run-up to the American Arbitration Association proceeding. Additionally, the panel found that Cooper, who isn't identified by name in the decision, failed to provide required notice to the parties about four separate arbitrations she was handling that involved Chase's law firm, Seyfarth Shaw.
“The arbitrator disclosure rules are strict and unforgiving. And for good reason,” wrote Justice John Segal in Thursday's decision. “Although dispute resolution provider organizations may be in the business of justice, they are still in business.”
“The public deserves and needs to know that the system of private justice that has taken over large portions of California law produces fair and just results from neutral decision-makers,” wrote Segal, who was joined in his opinion by Presiding Justice Dennis Perluss and Justice Gail Ruderman Feuer.
Although the Second District found that the plaintiff, former lead teller Patrice Honeycutt, had waived her arguments related to the questionnaire by not raising them in a timely matter, they held that Cooper's failure to disclose the other Seyfarth Shaw cases warranted vacating a defense win in the case.
Thursday's decision from the Second District Court of Appeal revives Honeycutt's discrimination, retaliation and wrongful termination lawsuit against the bank and reverses an earlier decision from Los Angeles Superior Court Judge Malcolm Mackey who previously upheld Cooper's ruling.
“The tide might just changing with respect to arbitrations and employment cases,” said Honeycutt's lawyer, Twila White of Los Angeles. In a phone interview Friday afternoon, White said that the #MeToo movement has raised public awareness of the types of claims that have been “swept under the rug” through confidential arbitrations. “Now I think the public is understanding the significance of the right to trial by jury.”
Seyfarth Shaw's Jeffrey Wortman, part of the defense team in the case, didn't respond to messages Friday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readMorrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Trending Stories
- 1As 'Red Hot' 2024 for Legal Industry Comes to Close, Leaders Reflect and Share Expectations for Next Year
- 2Call for Nominations: Elite Trial Lawyers 2025
- 3Senate Judiciary Dems Release Report on Supreme Court Ethics
- 4Senate Confirms Last 2 of Biden's California Judicial Nominees
- 5Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250