There's no such thi-aieeeee! So the last two weeks we've talked about some provisions in the End User License Agreement and Terms of Use that you might not have known ...

The plaintiff challenged the formation of an arbitration clause contained in her employment contracts and acknowledgment of employee handbooks, arguing: (1) there was no “meeting of the minds” and ...

The suggestion that this case should be remanded would make the enforcement of arbitration agreements unfavored because they would bounce back-and-forth between these courts," defendant-appellant ...

In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where ...

In a 6-1 ruling, California's high court said prevailing plaintiffs must show an arbitration contract contains unconscionable terms, not just poorly reproduced print. Tiny, hard-to-read font in an ...

Since the Supreme Court of Canada handed down its decision in Uber Technologies Inc. v. Heller in June there has been a lot of talk about the decision’s potential implications. Most notably, people ...

Small and unreadable print makes it hard or impossible for employees to read and understand an arbitration agreement, the California Court of Appeal recently said. This problem affects procedural ...

International commercial arbitration prides itself on constituting an efficient and less expensive dispute resolution method for clients. While arbitration has been promoted under this premise, in ...

Type to search articles, cases, and authors. Press ↵ to view all results. Below, Stanford Law School’s Caroline Jackson (no relation to the respondent) recaps Monday’s oral argument in Rent-A-Center v ...

We’ve talked a little about this before, but let’s go over it again. Are contracts, or any of their terms, sometimes unenforceable because there is a real disparity in the bargaining power between the ...

Appalachian contends articles 7 and 14 are not enforceable because both are unconscionable. The doctrine of unconscionability is codified in Civil Code section 1670.5. Section 1670.5, in pertinent ...