Litigation
Dec. 28, 2011
Plaintiffs’ bar targets arbitration law
The plaintiffs' bar is again attempting to legislatively fix what they believe is a procedural injustice -- the fact a judge's refusal to send a case to arbitration has a mandatory appeal.
Daily Journal Staff Writer
It's a wrinkle in the law that makes many plaintiffs' lawyers' blood boil.
When a trial judge in California denies sending a lawsuit to arbitration, the appellate courts must hear a defendants' appeal, thereby delaying trial. But if arbitration is granted and plaintiffs' appeal, appellate courts aren't obligated and a case often shoots straight into arbitration proceedings.
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