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California Court of Appeal holds class action waiver in commercial contract not unconscionable

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 21 2010

In Walnut Producers of California v Diamond Foods, Inc, Case No C060346 (August 16, 2010), the California Court of Appeal for the Third Appellate District held that a class arbitration waiver in an agreement between walnut producers and a walnut processor is not unconscionable

Second Circuit Court of Appeals finds arbitration provision waiving class actions unenforceable and applies Stolt-Nielsen to deny class arbitration

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 30 2010

On July 12, 2010, the United States Court of Appeals for the Second Circuit held an arbitration provision barring class actions unenforceable because the provision was unconscionable under California law