Calif.'s Thumb On The Scale Against Arbitration

Law360, New York (June 24, 2013, 12:09 PM EDT) -- California courts continue to twist and tweak California contract law to block arbitration out of employment disputes. In Compton v. Superior Court, __Cal.Rptr.3d __, (Cal. Ct. App. Mar. 19, 2013), an employee signed an arbitration agreement that covered all employment-related claims but excluded class actions.

While the viability of class action waivers is a hot topic, the court’s decision not to enforce the arbitration agreement did not mention the waiver. Rather, focusing on other elements of the agreement, the court purported to apply California’s well-established unconscionability...
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