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California Courts of Appeal

May 29, 2020

Arent Fox, Fisher Phillips sanctioned $40,000 for ‘forum shopping,’ ‘frivolous appeal’

The appellate court said Arent Fox, led by managing partner Aaron Jacoby, filed a “frivolous appeal” and conducted “forum shopping” by filing for arbitration nine months into the case. It also noted similar conduct of stalling litigation by defendants in two separate previous cases.

The 4th District Court of Appeal sanctioned Arent Fox LLP and Fisher Phillips LLP $40,000, ruling the firms acted in bad faith by seeking to compel arbitration in a $100 million employment lawsuit involving a luxury car dealer.

In its Thursday ruling, the appellate panel affirmed a trial court in denying compelled arbitration of a lawsuit against Fletcher Jones, owner of an Orange County Mercedes-Benz dealership represented by Arent...

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