Civil Litigation

The Federal Arbitration Act (FAA) governs arbitration in written contracts involving interstate commerce. The party asserting FAA preemption has the burden to present evidence establishing a contract affecting interstate commerce.  However, Section 1 of the FAA provides a limited exemption from the law’s coverage to “contracts of employment of seamen, railroad employees, or any other […]

A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole; (2) The health of the party is such

A lawsuit is often brought against a primary defendant, but names other defendants who may be vicariously liable on theories like agency or conspiracy.  If the primary defendant signed an arbitration agreement and has the right to compel arbitration, the non-signatories may have a similar right.  JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222,

In a recent legal malpractice case, the plaintiff sought services from the VA in Los Angeles.  During those services, a VA social worker initiated a sexual relationship with her, which VA officials later deemed “profound patient abuse.”  She filed an administrative claim under the Federal Tort Claims Act (FTCA) and the VA assigned a VA