Los Angeles hotel conflict discussed by Neal Marder in articles by Law360 and Daily Journal
In a significant legal battle, Burton Way Hotels LLC, the owner of a Four Seasons hotel in Los Angeles, is taking on Four Seasons Hotels Ltd in a dispute over the exclusive use of the Four Seasons brand and its associated operating systems at the Beverly Hills hotel.
Neal Marder, a partner at Gump litigation, is representing Burton Way Hotels LLC in this case. Marder has emphasized the importance of Judge Gandhi's role in the formation of the arbitration agreement that was the subject of extensive work by him.
Marder stated that Judge Gandhi was an integral part of the arbitration agreement, playing a significant role in its formation. He also mentioned that there are provisions in the arbitration agreement that are relevant to the case.
The U.S. Court of Appeals for the 9th Circuit has vacated an award dismissing Burton Way's claims that were issued in the underlying arbitration. This decision sends a clear signal of several egregious errors committed by Four Seasons and serious issues surrounding wrongful spoliation and destruction of key evidence that severely prejudiced Burton Way, according to Marder.
Burton Way Hotels LLC has accused Four Seasons of violating the deal. The arbitration agreement in this case has specific provisions that are pertinent to the case and that make a statute allowing judges to select arbitrators inapplicable.
Due to allegations of improper ex parte communications with Four Seasons, the judge subsequently recused himself from the suit. Marder has highlighted the presence of specific provisions in the arbitration agreement that are crucial to the case.
Burton Way Hotels LLC is arguing that the entire arbitration agreement should be thrown out and the case returned to court for a trial. Marder also mentioned that they will be seeking a jury trial on these issues and pursuing sanctions against Four Seasons.
This legal battle promises to be a complex and intriguing case, with important implications for the hospitality industry and the interpretation of arbitration agreements. The question of applying specific legislation is relevant to determine the governing legal framework for the dispute. The outcome of this case could set a precedent for future arbitration disputes.
