News & Publications

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 demand, which Georgia often refers to as a "Holt Demand" or "9-11-67.1 demand," to the defendants' insurer offering to settle the claim in exchange for [...]

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 waived "its right to compel arbitration ... against unnamed"1 class members in Hill v. Xerox Business Services, LLC. In reaching its holding, the Hill majority stated that after the [...]

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 in material breach of the arbitration agreement. In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee [...]