The Ehrlich Law Firm News

Jeffrey Isaac Ehrlich, Appeals Attorney
California Appellate Law Specialist

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Ehrlich Law Firm wins appeal invalidating Kaiser arbitration agreement

A victim of Kaiser's kidney-transplant program fiasco will have his lawsuit heard by a jury, and not by a panel of arbitrators as a result of the Ehrlich law firm's victory in Burks v. Kaiser Foundation Health Plans (2008) 160 Cal.App.4th 1021. The California Court of Appeal for the Third Appellate District, in Sacramento, held on March 5, 2008, that Kaiser's enrollment form failed to comply with the statutory disclosure requirements concerning arbitration clauses, and as a result the arbitration provision could not be enforced. The decision not only benefits Mr. Burks, but will allow other Kaiser members who signed similar defective enrollment forms to pursue their claims before a jury, in accordance with the constitutional right to a jury trial.