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 ...

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 ...

We’ve talked a little about this before, but let’s go over it again. Are contracts, or any of their terms, sometimes unenforceable because there is a real disparity in the bargaining power between the ...

In a 6-1 ruling, California's high court said prevailing plaintiffs must show an arbitration contract contains unconscionable terms, not just poorly reproduced print. Tiny, hard-to-read font in an ...

it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without ...

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A California court has recently rejected allegations that a company waived its right to arbitrate by waiting 13 months before attempting to initiate arbitration and forced the employee to spend time ...