Unconscionable Contracts

Pay-If-Paid Clauses: A Powerful Shield From Payment

by Joe Virene | Looper Reed & McGraw, P.C. on 5/20/2013

Subcontracts typically contain either a pay-when-paid clause or a pay-if-paid (i.e., contingent payment) clause. A pay-when-paid clause only deals with the timing of the obligation to pay the subcontractor. ...more

Fenwick Employment Brief - May 2013: Substantive Fairness Overcomes Elements of Procedural Unconscionability in Mandatory...

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

Telecommunications Regulatory Update – April 2013: Baker & McKenzie

by Patrick Fair, James Halliday, Anne Petterd, Penny Ward | Baker & McKenzie Australia on 5/8/2013

ACMA warns about getting CISs right - The ACMA has formally warned Activ8me and Sure Telecom about failing to make available critical information summaries (CISs) in breach of the Telecommunications Consumer...more

One-Sided Arbitration Agreement Found Unconscionable By California Court

by Thomas McInerney | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement,...more

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 4/30/2013

Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration...more

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/9/2013

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

California Appeals Court Enforces Retail Installment Sales Contract Arbitration Agreement.

by BuckleySandler LLP on 4/8/2013

On March 27, the California Court of Appeal, First Appellate District, enforced an arbitration agreement in a retail installment sales contract. Vasquez v. Greene Motors, Inc., No. A134829, 2013 WL 1232343 (Cal. Ct. App. Mar....more

A Tale of Three Cases: California's Split Over Concepcion Continues

by Kirk Jenkins | Sedgwick LLP on 4/5/2013

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

One-Sided Employment Arbitration Agreement Unconscionable, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/2/2013

In Compton v. Superior Court, the Court of Appeal, Second Appellate District, ruled that an arbitration agreement that the employer required an employee to sign as a condition of employment was unconscionable — and therefore...more

How to Invalidate a Florida Prenup

by The Law Firm for Family Law on 3/22/2013

A prenuptial agreement, or prenup, is contract between prospective spouses outlining the terms of a subsequent divorce settlement. Prenups usually involve the division of assets and spousal support. They cannot, however,...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 3/18/2013

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

Fenwick Employment Brief - February 2013

by Daniel J. McCoy, Saundra Riley | Fenwick & West LLP on 2/21/2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Check Your Arbitration Agreements After New Washington Supreme Court Case

by Amanda Beane, Amy Kunkel-Patterson, Cori Gordon Moore, Andrew Moriarty, Carla L. Reyes, Luke Rona | Perkins Coie on 2/20/2013

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

by Christopher M P Jackson | Cohen & Gresser LLP on 2/6/2013

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more

California Court Of Appeal Finds Arbitration Agreement Contained In Employment Application To Be Valid

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Baltazar v. Forever 21, Inc., B237173 (December 20, 2012): A former employee of Forever 21, Inc. filed a lawsuit against the company alleging discrimination and harassment. In response, Forever 21 filed a motion to compel...more

Two California Appellate Courts Invalidate Auto Installment Contract Arbitration Clauses

by BuckleySandler LLP on 1/22/2013

Recently, the California Court of Appeals for the First and Second Appellate Districts affirmed lower court orders denying two automobile dealerships’ petitions to compel arbitration, holding that the arbitration clause in...more

Tax Court Of Canada Upholds General Policy That Settlement Agreements Should Be Respected – Taxpayer’s Waiver Of Right To Appeal...

by David Spiro | Dentons on 12/24/2012

In Noran West Developments Ltd. v. The Queen, the Tax Court of Canada (Justice Brent Paris) upheld the validity of a taxpayer’s waiver of its right to appeal executed following the conclusion of a settlement with the Appeals...more

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