Latest Concepcion Curb Tees Up Issue For Calif. High Court
By Erin Coe (March 22, 2013, 11:06 PM EDT) -- A California appeals court's Tuesday finding that an employer's arbitration agreement was "unconscionably one-sided" signifies that state courts are going to continue to apply the U.S. Supreme Court's landmark Concepcion ruling narrowly until the California Supreme Court weighs in on the issue, attorneys said.
In a 2-1 decision, the Second District Court of Appeal ruled the deal was unenforceable, nixing a lower court's order pushing a proposed wage-and-hour class action against American Management Services LLC into arbitration. In the suit, former property manager Leasa Compton accuses the company of overtime and meal and rest break violations.
The appeals court held that...
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