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New Appellate Arbitration Opinion

Judge, rather than an arbitrator, should decide whether arbitration clause in an attorney retainer agreement was unconscionable, and that clause was unenforceable under non-preempted Washington law

Smith v. JEM Group Inc., U.S. Court of Appeals for the Ninth Circuit, case no. 11-35964, filed December 12, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/11/11-35964.pdf

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