Mediators of Southern California
Agreement requiring employees to arbitrate disputes with employer did not involve element of surprise and thus was procedurally, but not substantively, unconscionable, and arbitration should proceed.
Leos v. Darden Restaurants, Inc., California Court of Appeal, Second District, Div. One, case no. B241630, filed June 4, 2013, publication ordered June 24, 2013
Link:…
ContinueAdded by Leslie (Les) S. Rothenberg on June 24, 2013 at 6:07pm — No Comments
Sec. 10(a)(4) of the Federal Arbitration Act permits courts to vacate an arbitral decision only if arbitrator strayed from delegated task of interpreting a contract, not if task was poorly performed.
Oxford Health Plans LLC v. Sutter, U.S. Supreme Court, case no. 12-135_e1p3, filed June 10, 2013
Added by Leslie (Les) S. Rothenberg on June 10, 2013 at 5:48pm — No Comments
Arbitration clause in "retail installment sales contract" for automobile was unenforceable because of its “high degree”of procedural and substantive unconscionability.
Vargas v. SAI Monrovia B, Inc., California Court of Appeal, Second District, Div. One, case no. B237257, filed June 4, 2013
Link: http://www.courts.ca.gov/opinions/documents/B237257.PDF
Federal Arbitration Act does not permit…
ContinueAdded by Leslie (Les) S. Rothenberg on June 4, 2013 at 11:02pm — No Comments
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