MRV Marketing v. Sonenshine CA4/3

STATEMENT OF FACTS

Plaintiffs were the named respondents in an arbitration proceeding before JAMS entitled DeJesse v. MRV Marketing, LLC et al., which commenced in 2021. The arbitration pertained to an action brought by

2 a former MRV member against the remaining members for alleged nonpayment of profit distributions. JAMS presented plaintiffs with a list of 10 potential arbitrators, and they were asked to strike two names and rank the remainder in order of preference. Because of the nature of the dispute being arbitrated, plaintiffs were seeking someone with experience in business litigation and complex financial matters. Justice Sonenshine’s was among the 10 names on the list. Plaintiffs consulted and relied on JAMS’ website to assess the background of each potential arbitrator. Justice Sonenshine’s profile on JAMS’ website indicated she was the founder and managing partner of a successful law firm and a successful businesswoman. The profile indicated Justice Sonenshine had “founded a federally chartered bank” and “an international mid-market investment banking firm,” both of which had been acquired by larger companies. Based on these representations and Justice Sonenshine’s…