Is One Deposition Enough? - Limitations on Discovery in Arbitration Clauses

more+
less-

In the recent case of Dotson v. Amgen, Inc. the court of appeal was presented with the issue of whether an arbitration clause that limited each side to taking one deposition, absent permission from the arbitrator, made the arbitration clause unconscionable and therefore unenforceable. The court ruled that it did not. While this simple question and answer is an adequate summary of the holding of the case, a full reading of the case presents more general questions about the role of discovery in arbitration, and about a court’s role in rewriting a provision of an arbitration clause that it deems improper.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© JAMS | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×