Defendants rely on Hicks|Park LLP v. ING Bank, FSB, No. CV 11-07330 ODW (AGRX), 2011 WL 5509097 (C.D. Cal. Nov. 9, 2011), to argue that the labeling of the assent button is a “technicality” that should not defeat arbitration. In Hicks, a former client sued a law firm over a fee dispute, and the law firm signed a “Notice of Client's Right to Arbitration” and informed the client of its right to mandatory fee arbitration.
Defendants have not waived the right to pursue arbitration under the MFAA, as plaintiff contended at the hearing. -------- In Hicks Park LLP v. ING Bank, FSB, 2011 WL 5509097 (C.D. Cal. Nov. 9, 2011), the district court granted defendants' motion to stay litigation relating to a fee dispute arising from a former attorney-client relationship. Similarly, in Naegele v. Albers, 355 F. Supp. 2d 129, 140 (D.D.C. Jan. 3, 2005), the district court stayed litigation involving "in part, a fee dispute arising out of an attorney-client relationship that originated in California between the plaintiff attorney and the defendant clients" pursuant to the MFAA.
Defendants have not waived the right to pursue arbitration under the MFAA, as plaintiff contended at the hearing. -------- In Hicks Park LLP v. ING Bank, FSB, 2011 WL 5509097 (C.D. Cal. Nov. 9, 2011), the district court granted defendants' motion to stay litigation relating to a fee dispute arising from a former attorney-client relationship. Similarly, in Naegele v. Albers, 355 F. Supp. 2d 129, 140 (D.D.C. Jan. 3, 2005), the district court stayed litigation involving "in part, a fee dispute arising out of an attorney-client relationship that originated in California between the plaintiff attorney and the defendant clients" pursuant to the MFAA.
Defendants have not waived the right to pursue arbitration under the MFAA, as plaintiff contended at the hearing. -------- In Hicks Park LLP v. ING Bank, FSB, 2011 WL 5509097 (C.D. Cal. Nov. 9, 2011), the district court granted defendants' motion to stay litigation relating to a fee dispute arising from a former attorney-client relationship. Similarly, in Naegele v. Albers, 355 F. Supp. 2d 129, 140 (D.D.C. Jan. 3, 2005), the district court stayed litigation involving "in part, a fee dispute arising out of an attorney-client relationship that originated in California between the plaintiff attorney and the defendant clients" pursuant to the MFAA.