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CA Supreme Court › Dispute Resolution Clauses

Littler

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration

Littler on

The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

Thompson Coburn LLP on

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 there is extreme procedural...more

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