Concepcion Doesn't Validate Unconscionable Contracts: Panel

Law360, New York (May 8, 2012, 4:37 PM EDT) -- In a decision made public Monday, a California appeals court refused to compel arbitration in a putative employment class action against a carpet and flooring company, saying the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion decision does not allow businesses to skirt unconscionability accusations.

In a published opinion, a three-judge panel upheld a lower court’s denial of Empire Today LLC’s motion to stay the proceedings and compel arbitration, saying the arbitration clause in its contracts for the two plaintiffs could not be enforced because the...
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