Litigation & Arbitration,
Civil Litigation,
California Supreme Court,
Alternative Dispute Resolution,
9th U.S. Circuit Court of Appeals
Aug. 9, 2013
Did the 9th Circuit dismantle the unconscionability defense?
While lawyers await the state high court's decision in Iskanian, the 9th Circuit has issued an opinion in an unrelated consumer class action case limiting objections to enforcement of arbitration clauses in all cases.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
While lawyers await the state Supreme Court decision in Iskanian v. CLS Transportation of Los Angeles LLC, the 9th U.S. Circuit Court of Appeals has issued an opinion in an unrelated consumer class action case limiting objections to enforcement of arbitration clauses in all cases. Mortensen v. Bresnan Communications, LLC, 2013 DJDAR 9191 (July 15, 2013). Although Iskanian is an employment dispute, the 9th Circuit interpretation of the Supreme Court decision in <...
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