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Verdicts
Arbitrator's Failure to Disclose Censure for Bias Negates Decision
A California court of appeal vacated an arbitration award in favor of a cosmetic surgeon because one of the arbitration committee's members failed to disclose to the parties that he had, while a judge, been censured by the California Supreme Court for making disparaging remarks about women and minorities. Haworth v. Superior Court, 164 Cal.App.4th 930 (Cal.App. 2 Dist.,7/10/08).
The plaintiff patient and the cosmetic surgeon against whom she lodged a complaint following lip surgery agreed to submit their dispute to an arbitration committee. The proposed arbitrators were asked to disclose any conflicts or significant other information that might influence the parties' choices of arbitrators. One of them, a former Los Angeles Superior Court judge, failed to disclose that, while on the bench, he was publicly censured by the California Supreme Court for disparaging his female employees and colleagues based on their physical attributes, sexuality, and ethnicity.
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