Payday Lending Legal Malpractice Suit (Western Sky-Related)

ATL: “Katten Muchin Sued By Bottom-Feeding Former Client.”

Complaint in CashCall v. Katten Muchin Rosenman (Cal. Super Ct. — Orange County) here:

Complaint

HT.

Fourth Circuit Rules against Western Sky et al.

Here is the opinion in Hayes v. Delbert Services Corp. (4th Cir.).

An excerpt:

We both respect and appreciate the support of Congress and the Supreme Court for an arbitration procedure that reduces the costs and delays of civil litigation. Our review of the record leads us to conclude, however, that the arbitration agreement in this case is unenforceable. The agreement purportedly fashions a system of alternative dispute resolution while simultaneously rendering that system all but impotent through a categorical rejection of the requirements of state and federal law. The FAA does not protect the sort of arbitration agreement that unambiguously forbids an arbitrator from even applying the applicable law. We therefore reverse the district court’s order compelling arbitration and remand for further proceedings.

Briefs here.

 

Fourth Circuit Briefs in Arbitration Case Arising from the Wreckage of Western Sky

Here are the briefs in Hayes v. Delbert Services Corp.:

Hayes Brief

Delbert Services Brief

Amicus Brief

Lower court materials here.