Calif. Justices Make Deal Unconscionability A Tough Sell
By Erin Coe (August 3, 2015, 11:36 PM EDT) -- The California Supreme Court on Monday found that a car buyer can't avoid an arbitration agreement with a class waiver merely by complaining after the fact that the deal was unfair, a post-Concepcion ruling attorneys say is likely to make it harder for consumers to show an arbitration agreement is unconscionable and that may prove useful to employers in contract fights with workers.
The California Supreme Court reversed a lower appellate court's 2011 finding that car dealer Valencia Holding Co.'s arbitration agreement contained one-sided terms that favored the company to the detriment of the buyer, Gil Sanchez.
The plaintiff, who bought...
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