News & Analysis as of

Unconscionable Contracts Appeals

Defence & Indemnity - June 2017 : Insurance I. INSURANCE ISSUES C. Downer v. Pitcher, 2017 NLCA 13, per Green, C.J.N.L. [4228]

by Field Law on

C. The drivers of two cars involved in an accident privately made a settlement and release agreement, giving the Newfoundland Court of Appeal an opportunity to clarify the legal test for the doctrine of unconscionability....more

Key California Employment Law Cases: March 2017

by Payne & Fears on

This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration - Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) - Summary: Arbitration...more

Is Your Arbitration Agreement Enforceable?

by Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

Want to Arbitrate? Not So Fast. California Court of Appeals Decision Illustrates Limits to Contractual Obligation to Arbitrate

by Selman Breitman LLP on

On December 27, 2016, the California Court of Appeals published a decision on the enforceability of an Alternative Dispute Resolution Agreement (the "Agreement") in the context of an employee-employer relationship.? The issue...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

by Strasburger & Price, LLP on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

California Court of Appeal Reinforces Prior Holdings and Allows Employer to Enforce Arbitration Award in Contract of Adhesion

by Selman Breitman LLP on

In Da Loc Nguyen v. Applied Medical Resources, No. G057702 (Cal. Ct. App. October 14, 2016) (hereinafter “Nguyen”), the California Court of Appeal upheld a ruling compelling arbitration of plaintiff’s individual claims...more

Limitations of Liability Clause Does Not Violate Ohio's Consumer Sales Practices Act

by Reminger Co., LPA on

Contractors often attempt to limit their liability by including a limitations of liability clause in the contract. Plaintiffs attempt to avoid the limitations of liability by asserting that the clause is unconscionable under...more

California Supreme Court Enforces Arbitration Agreement, Finding It Is Not Unconscionable

by Carlton Fields on

In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more

California Court Rejects Arbitration Agreement for Unconscionability

On October 27, 2015, the California Court of Appeal, in an unpublished decision, issued yet another ruling applying the unconscionability doctrine to arbitration agreements in the employment context. In Prince v. Pletcher,...more

Don’t Throw the Class Waiver Baby Out with the Arbitration Agreement Bathwater

by Seyfarth Shaw LLP on

Sound advice that the world has lived with since 1512…until recently flushed by the Ninth Circuit. Not so quick to discard 500 years of wisdom, however, the Supreme Court has agreed to consider whether this idiom will rest in...more

Arbitration of Nursing Home Suits: Take Two

by Wilson Elser on

Quasi Tort Reform in Nursing Home Litigation Is on the Way! Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

by Ballard Spahr LLP on

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

Surprisingly Good News: California Supreme Court Upholds Arbitration Agreement

by Seyfarth Shaw LLP on

Many companies doing business in California have had difficulty persuading California courts to enforce their arbitration agreements. Those courts often have used the doctrine of unconscionability to deny enforcement on the...more

The California Supreme Court Holds Consumer Class Action Waivers In Arbitration Provisions Are Enforceable Under Federal Law

On August 3, 2015, the California Supreme Court issued its long-awaited arbitration decision in Sanchez v. Valencia Holding Co., LLC, No. B228027. The Court held that the arbitration provision found in a standard form auto...more

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

by Dentons on

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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