Judge Michael D. Marcus (Ret.) is a top-rated mediator, arbitrator and discovery referee, who is associated exclusively with ADR Services, Inc. Judge Marcus has been a full-time neutral since January 2002. If you are considering mediation, arbitration or discovery reference as a way of resolving a legal problem, please consider Michael Marcus who brings an extraordinarily broad legal background, experience and understanding to these important processes.
Judge Marcus is known for “intelligence, humor.” (Los Angeles Daily Journal, October 25, 2013)
Judge Michael Marcus (Ret.), who received his B.A. from the University of California at Berkeley in 1964 and his J.D. in 1967 from the UCLA School of Law, brings an extraordinarily broad legal background and experience to mediations, arbitrations and discovery reference. Before becoming a full-time neutral in January 2002 with ADR Services, Inc., he was a very successful trial lawyer, a former law firm partner and a judge. He has also taught at law schools, is a legal author and a bar leader.
A WITNESS DECLARATION EVIDENCE PRIMER This discussion addresses some of the more common issues in lay witness declarations: A lay witness must have personal knowledge of the matter which he or she is declaring about. (See Evid. Code sec. 702, subd. (a).) If the witness did not experience (in other words, hear or see) the matter, it should not be discussed. Unfortunately, that is not often what occurs. Even if the declarant has personal knowledge…
ARBITRATORS, WITHOUT SPECIFIC AUTHORITY, CANNOT ORDER THIRD PARTY DISCOVERY Aixtron, Inc. v. Veeco Instruments Inc. (July 16, 2020) 2020 DJDAR 7407; 2020 Cal. App. LEXIS 667 (Aixtron) impacts arbitration discovery, both intended and unintended: The intended, obvious aspects are its holdings that an arbitrator does not have the authority to order nonparty or third party discovery under the California Arbitration Act (CAA) and the Federal Arbitration Act (FAA), unless the parties have conferred that authority…
ARBITRATION OF NONSIGNATORIES – UPDATED Arbitration Insight no. 27 (May 2018) discussed the application of Garcia v. Pexco, LLC (2017) 11 Cal.App.5th 782 and Benaroya v. Willis (2018) 23 Cal.App.5th 462 on nonsignatories to an arbitration agreement. Garcia holds that equitable estoppel and agency are exceptions to the general rule that “one must be a party to an arbitration agreement to be bound by it or invoke it.” (Id. at pp. 785-786, 788.) Under the…
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Judge Michael D. Marcus (Ret.)
ADR Services, Inc.
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Los Angeles, California 90067