Marc D. Alexander was featured in the June 10, 2022 edition of the Daily Journal. The article titled, “The United States and California Supreme Courts are not on the same page,” examines the waiver of the right to arbitrate.

The United States Supreme Court has recently embraced a more straightforward approach based on the idea that arbitration agreements must be treated the same as other agreements. California courts, on the other hand, have imposed additional conditions, most notably the requirement that the opposing party be prejudiced by the conduct of the party seeking arbitration before the courts will find a waiver.

It contrasts the analysis in a recent United States Supreme Court opinion, Morgan v. Sundance (2022), with the analysis of our California Supreme Court in Saint Agnes Medical Center v. PacifiCare of California (2003).

Read the Full Article Here. A subscription to the Daily Journal may be required.

Marc D. Alexander is a mediator and litigator at AlvaradoSmith. He authors the blog California Mediation and Arbitration and co-contributes to the blog California Attorneys Fees. For additional information and questions, please contact Marc D. Alexander at malexander@alvaradosmith.com or at 714.852.6800. 

 

DISCLAIMER: The information contained herein is intended for informational purposes only and should not be construed as professional counsel or legal advice. Seek legal counsel for advice with respect to any legal matter. The information in this document may not reflect the most current developments as the subject matter is extremely fluid and may change daily. The content and interpretation of the issues addressed herein are subject to change.