December 05, 2016 Articles

A Party Unable to Pay and Proceed with Arbitration May Still Meet Contractual Arbitration Requirements

By Komal Chokshi

In Tillman v. Rheingold, Valet, Rheingold, Shkolnik & McCartney, No.13-56624 (Ninth Cir. June 15, 2016), the Ninth Circuit held a case may proceed in court when one party is unable to pay for contractual arbitration. The dispute was one for legal malpractice brought by Renee Tillman, who brought an action against the firm of Rheingold, Valet, Rheingold, Shkolnik & McCartney, who Tillman claimed committed malpractice by failing to advise her of the rights of other heirs in a wrongful death lawsuit she filed after the death of her husband. (Tillman was awarded $8 million in the wrongful death lawsuit and was later sued by the decedent's son from a prior marriage.)

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