Labor/Employment
Apr. 8, 2014
Judge tosses $5.4M arbitration award, calling it 'retaliatory'
The decision surprised employment attorneys, who said district judges rarely throw out arbitration awards, preferring to defer to the person who heard the case.
Daily Journal Staff Writer
A district court judge has vacated a $5.4 million arbitration award in an employment case, finding that the arbitrator - former Court of Appeal Justice Richard C. Neal - inflated the figure to punish the losing party.
"The Arbitrator demonstrated evident partiality by awarding excessive and improper punitive damages in retaliation for Masimo's counsel challenging his impartiality and taking...
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