Some employers have decided that it is beneficial to try to avoid public lawsuits and arbitrate disputes they may have with their employees. Such employers typically require employees to agree to arbitration at the time of...more
In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that the arbitration...more
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
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
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
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
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
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
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
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
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
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
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
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