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eBook details

• Title: Haworth V. Superior Court Of Los Angeles County
• Author : In the Supreme Court of California
• Release Date : January 02, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 97 KB

Description

The superior court vacated an arbitration award in a case involving the claim of a female patient that her physician was negligent in performing plastic surgery on her lip. The basis of the court's action was that the neutral arbitrator had failed to disclose a matter "that could cause a person aware of the facts to reasonably entertain a doubt that the... neutral arbitrator would be able to be impartial." (Code Civ. Proc., § 1281.9, subd. (a).)*fn1 The question before us is whether the neutral arbitrator, a former judge of the superior court, was required to disclose to the parties the circumstance that, 10 years earlier, he received a public censure based upon his conduct toward and statements to court employees, which together created "an overall courtroom environment where discussion of sex and improper ethnic and racial comments were customary." (In re Gordon (1996) 13 Cal.4th 472, 474.) We conclude the arbitrator was not required to disclose this public censure, and therefore reverse the decision rendered by the Court of Appeal.

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