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Litigation & Arbitration

May 12, 2022

A playbook for arbitration agreements that could cost companies arbitration altogether

Though the Court ruled in favor of the plaintiffs, the discussion of arbitrability is a playbook for institutions in drafting arbitration clauses going forward.

Kelsey Constantin

Associate
Walkup, Melodia, Kelly & Schoenberger

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Spencer J. Pahlke

Shareholder
Walkup, Melodia, Kelly & Schoenberger

Phone: (415) 981-7210

Email: spahlke@walkuplawoffice.com

UC Berkeley SOL Boalt Hall; Berkeley CA

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An April 19, 2022 opinion from the Fourth Appellate District, Brandon Nelson v. Dual Diagnosis Treatment Center, Inc. (Cal. Ct. App., Apr. 19, 2022, No. G059565) 2022 WL 1165853, constituted a win for the plaintiffs against forced arbitration. But for every good result that avoids the secrecy of arbitration, there are countless bad outcomes that remain unknown. And in explaining why the Nelson plaintiffs get their day in court, the opinion unfortunately maps out how b...

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