In 2019, Judge Michelle Friedland warned in a dissent that a ruling wiping out a JAMS arbitrator’s award due to failure to disclose repeat business, would create a mess by possibly vacating scores of old cases.

Now, three of her 9th U.S. Circuit Court of Appeals colleagues agreed with Friedland and called on the court to reconsider that 20-month-old decision en banc.

In a Daily Journal special report, Blaine Green, a partner at Pillsbury who is not involved in the case, said “the very unusual concurrence invites a petition for rehearing.”

“The concurrence foreshadows more litigation, including potential for another 9th Circuit decision in the near term, regarding arbitrator disclosures and motions to vacate awards,” Green added.

The case is EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.