Justices Weigh Arbitrator Role In Unconscionability Test

Law360, New York (April 26, 2010, 7:05 PM EDT) -- The U.S. Supreme Court's liberal justices on Monday seemed skeptical of arguments that an arbitrator has the authority to decide on the unconscionability of an employment agreement, grilling a lawyer for Rent-A-Center Inc. in a case that puts the Federal Arbitration Act under the spotlight.

Questioning attorney Robert F. Friedman of Littler Mendelson PC, who argued for Rent-A-Center before the high court, Justice Ruth Bader Ginsburg asked why unconscionability would be a question for an arbitrator, when courts have already established that a challenge to a...
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