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California Court of Appeal


Morgan Phillips, Inc. v. JAMS/Endispute, B183934

When an arbitrator withdraws from an arbitration proceeding for no stated ethical reason following evidence and argument, and offers to continue mediation efforts but refuses to render an arbitration award, the doctrine of arbitral immunity does not protect the arbitrator from suit since such conduct defeats rather than serves the adjudicatory purpose of arbitration.

Appellate Information

  • Decided 06/20/2006
  • Published 06/20/2006

Judges

  • WILLHITE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Shapiro, Rodarte & Freedman, Cindy F. Forman, Thomas W. Foote and Daniel D. Rodarte, Santa Monica, for Plaintiff and Appellant.

  • For Appellees:
  • Long & Levit, Joseph P. McMonigle, Beth A. Trittipo, San Francisco, and Jessica Rudin MacGregor for Defendants and Respondents.
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