The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether...more
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to invalidating arbitration...more
Dispute Deemed Minor under the Railway Labor Act, Sent To Arbitration - Flight Options, LLC and Flexjet LLC v. International Brotherhood of Teamsters 2017 WL 4583014 United States Court of Appeals, Sixth Circuit The...more
A party seeking to enforce a contract has to show mutual assent, also referred to as “a meeting of the minds.” In other words, both parties actually have to agree on the same thing. If the parties don’t agree, then a contract...more
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a...more
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