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Results: 1-10 of 20

Six-month claims limitations period in arbitration agreement unconscionable
  • Fenwick & West LLP
  • USA
  • February 20 2013

In Bowlin v. Goodwill Industries of Greater East Bay, Inc., a California federal district court found Goodwill's requirement, as part of an


Class action waivers in arbitration agreements still viable, but vulnerable, in California
  • Fenwick & West LLP
  • USA
  • December 18 2012

A California Court of Appeals held in Franco v. Arakelian Enterprises, Inc. that the United States Supreme Court decisions in Stolt-Nielsen S.A. V


Supreme Court emphasizes supremacy of Federal Arbitration Act
  • Fenwick & West LLP
  • USA
  • December 18 2012

In Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court chided the Oklahoma Supreme Court for exceeding its authority and failing to


Post-Concepcion, arbitration agreements still subject to Armendariz test
  • Fenwick & West LLP
  • USA
  • June 15 2012

A California Court of Appeal recently affirmed the applicability of the Armendariz v. Foundation Health Psychare Services, Inc. standard for assessing unconscionability challenges to arbitration agreements, notwithstanding the U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion


California appellate court compels arbitration and class action waiver, following Concepcion and expressly rejecting D.R. Horton
  • Fenwick & West LLP
  • USA
  • June 15 2012

In a significant victory for California employers, a California Court of Appeal recently upheld a ruling that compelled arbitration of an employee's wage and hour claims and dismissed his class and representative claims


Substantive fairness overcomes elements of procedural unconscionability in mandatory arbitration agreement
  • Fenwick & West LLP
  • USA
  • May 14 2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in


California courts continue to scrutinize mandatory employment arbitration agreements
  • Fenwick & West LLP
  • USA
  • March 14 2011

While many employers favor mandatory employment arbitration for the resolution of employment-related disputes, they must be careful to ensure that their arbitration agreements meet strict legal requirements


Court refuses to enforce arbitration agreement for lack of consent
  • Fenwick & West LLP
  • USA
  • December 14 2011

Recently, the Northern District of California refused to compel arbitration of discrimination claims where an employee refused to sign an acknowledgment of a new mandatory arbitration agreement that expressly stated that continued employment constituted acceptance of the agreement


Recent cases provide helpful reminders regarding best practices (and pitfalls) with employment arbitration clauses
  • Fenwick & West LLP
  • USA
  • March 25 2015

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide


U.S. Supreme Court Supports Validity of Class-Action Waivers in Arbitration Agreements
  • Fenwick & West LLP
  • USA
  • December 21 2015

On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the