Appellate Law News and Insights

Georgia Court Of Appeals Upholds Mirror Image Acceptance Rule At Insurers’ Peril

Published: Aug 23, 2023
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The Court of Appeals of Georgia recently issued its opinion in Pierce v. Banks, No. A23A0394 (Ga. Ct. App. Jun. 28, 2023), addressing the limits of the mirror image acceptance rule for time-limited settlement demands. Background Pierce arises out of a simple motor vehicle accident. Prior to filing suit, the plaintiff issued a time-limited...

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Should The Ninth Circuit’s Waiver Test Be More Closely Scrutinized?

Published: Aug 20, 2023
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Hill v. Xerox Business Services, LLC shows how the Ninth Circuit's waiver test, revised after a 2022 SCOTUS case, could force defendants in potentially arbitrable cases to instead become further involved in class action litigation. In February 2023, the Ninth Circuit Court of Appeals held in a 2–1 decision that Xerox...

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California Appellate Court Decision Limits Power Of Arbitrators To Cure Late Arbitration Payments

Published: Aug 15, 2023
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On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being...

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