Monthly Archives: January 2019

9th Circuit Reverses Order Enforcing Settlement Agreement that Imposed Restraint of Trade

Golden v. California Emergency Physicians Medical Group, 896 F.3d 1018 (2018) Golden, an emergency room physician, was fired by his employer – CEP.  He sued claiming that the firing was motivated by race.  Shortly before trial was set to begin, Golden and CEP settled and placed their settlement on the record.Apparently the attorneys had reduced … Continue reading 9th Circuit Reverses Order Enforcing Settlement Agreement that Imposed Restraint of Trade

Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”

Smythe v. Uber Technologies, 24 Cal. App. 5th 327 (2018) Ryan Smythe drove for both Uber and Lyft.  As an Uber driver he signed contracts that included broad arbitration clauses and a delegation of the authority to determine arbitrability to the arbitrator, rather than a court.  As a Lyft driver, Smythe sued Uber claiming that … Continue reading Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”