Personal Injury Attorney Orange County Case Results
PRESS RELEASE
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PAUL ROLF JENSEN, LEADING CALIFORNIA TRIAL LAWYER,
WINS TWO LANDMARK VICTORIES IN CALIFORNIA COURT OF APPEAL, DEFEATING TWO OF THE NATION’S LARGEST LAW FIRMS IN THE PROCESS
May 5, 2009, Santa Ana, California.
“The California Court of Appeal has just handed down two landmark unanimous opinions upholding the rights of people who have no choice except to agree to arbitration clauses to obtain a court’s review of the awards of arbitrators under certain circumstances”, said attorney Paul Rolf Jensen of Costa Mesa, California.
These rulings will result in the first time ever in California state court that a Superior Court will actually substantively review an arbitrator’s award for legal and factual errors. “Until now, California courts would only review arbitration awards to determine if there had been fraud or if the arbitrator had an undisclosed conflict of interest. This limitation historically put employees and consumers in an extremely disadvantageous position—and that has now changed”, Jensen stated.
Jensen, of Jensen & Associates, APC, Trial Lawyers, represented Robert J. Bekken, a lawyer, who many years ago entered into an arbitration agreement with his employer-law firm, Fisher & Phillips, but which provided that in the event of a dispute, a court could review any award of an arbitrator for legal and factual errors. Following an arbitration award in favor of Fisher & Phillips and against Bekken, Jensen was hired to seek appellate review of legal and factual errors on the arbitrator’s part. The Orange County Superior Court denied Jensen’s petition and granted Fisher & Phillips’ petition to confirm the award. On behalf of Bekken, Jensen appealed in both cases.
Fisher & Phillips was represented on appeal by the 2,500 attorney law firm of Paul Hastings, and its team of lawyers on the case included renowned labor and employment lawyers William Waldo and Steven Berry. Paul Hastings identifies itself as the 15th largest law firm in the United States, and the 20th largest firm in the world. Both firms specialize in representing employers against employees.
While Jensen did not try the underlying arbitration, and no longer represents Bekken, Jensen was successful in the Superior Court in obtaining a stay on appeal of enforcement of the huge attorneys fees award the Court ordered Bekken to pay. The Court of Appeal also reversed the attorneys fees order, another significant victory won by Jensen. The Superior Court will now conduct proceedings to substantively review the arbitrator’s decision.
For further information contact:
Paul Rolf Jensen
(714) 662-5528
info@jensenlawyers.com
www.personalinjuryattorneylaw.com
The two cases are Bekken v. Fisher & Phillips, California 4th District Court of Appeal #G038566 (Orange County Superior Court case #07CC00716) and Fisher & Phillips v. Bekken, California 4th District Court of Appeal #G038358 (Orange County Superior Court case #07CC00701).
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