Ehrlich Law Firm wins appeal invalidating Kaiser arbitration agreement

California Civil Appeals Attorney

Ehrlich Law Firm wins appeal invalidating Kaiser arbitration agreement

California Court of Appeal Third Appellate District SacramentoA 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.

Experienced trial lawyer

While much of Mr. Ehrlich’s experience has been focused on written advocacy, he also has significant trial experience, having tried several jury and bench trials in state and federal court, and having assisted Michael Bidart and Ricardo Echeverria of Shernoff Bidart Echeverria, LLP in winning multi-million-dollar verdicts for their clients.

Mr. Ehrlich is one of the few lawyers who has ever tried and won a claim for bad-faith denial of the existence of a contract – a tort that was created by the California Supreme Court in 1984 and abolished by that court 11 years later. Mr. Ehrlich’s case, Todt v. HOH Water Technologies, Inc., was tried in the U.S. District Court in Los Angeles, and resulted in a $765,000 judgment for the plaintiff, including an award of punitive damages.  More About Jeffrey Ehrlich

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