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July 2020

Los Angeles Prevails in Commercial Arbitration During COVID-19 Pandemic

Gordon Rees Scully Mansukhani Los Angeles partner Lisa K. Garner, with invaluable assistance provided by paralegal Katherine Wong, prevailed in a commercial arbitration for the firm’s client, a national, publicly-traded company that supplies goods and services primarily via the internet. 

The arbitration took place in the firm’s Los Angeles office during the brief Phase I reopening window permitted by Los Angeles City and County, under difficult COVID-19 conditions, including the wearing of masks and social distancing.  One witness testified via WebEx.

The claimant alleged that the firm’s client had improperly overcharged tens of thousands of dollars for goods and services going back several years.  Ms. Garner was able to show that the firm’s client had investigated and found no fraudulent activity on the Claimant’s account, using the client’s own top-notch technology to show that all activity originated from Claimant’s account at the Claimant’s location.  Claimant then tried to change its claim to allege that items it originally claimed were ordered were never actually provided.  Ms. Garner was able to pivot during the mediation to show that the customer had to add money to the account in order to obtain the ordered items. The company witness was well-prepared and testified how the items were ordered, providing written documentation to support the orders and goods supplied.

The arbitrator found entirely for Gordon & Rees’ client.

Lisa K. Garner