Topic
Unconscionability
145 published works
California Employment Law Update
Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable
By Tony Oncidi
Cluck v. GEO Secure Services, LLC, 122 Cal. App. 5th 249 (2026) A former employee brought a putative wage-and-hour class action, and GEO sought to enforce an arbitration agreement signed…
Texas Business Court Watch
Texas Business Court Enforces Perpetual Payment Obligation and Overrules Affirmative Defenses in Cobalt Falcon v. AXS Investments
By Steve Walkowiak, Matthew Thomas
Texas Business Court applies Delaware contract law, upholds perpetual payment obligations, and rejects multiple contract defenses.
Commercial Case Notes
Unconscionability Defense fails for Lack of Procedural Unconscionability
By John Lundin
On June 26, 2026, the Fourth Department issued a decision in NewCo Capital Group LLC v. SPE Trading, Inc., 2026 NY Slip Op. 04057, holding that an unconscionability defense failed…
Ogletree Deakins Insights
Arbitration Agreement Limited to Employment Claims Survives ‘Unconscionability’ Attack
By By Christopher C. Murray, Ron Chapman Jr., Publisher, Zachary V. Zagger
Quick Hits The Ninth Circuit ruled the arbitration agreement was enforceable because it was limited to employment-related claims. The court clarified that the broad language of “including but not limited…
California Employment Law Update
Arbitration Agreement Was Not Substantively Unconscionable
By Tony Oncidi
Santana v. Studebaker Health Care Ctr., LLC, 120 Cal. App. 5th 1 (2026) When J. Ascencion Santana was hired by Studebaker Health Care Center, he signed a series of documents, including…
California Employment Law Update
“Nearly Unreadable” Arbitration Agreement May Be Unconscionable
By Tony Oncidi
Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026) When applying to work at Empire Nissan, Evangelina Yanez Fuentes was given an employment application packet that included an arbitration agreement…
California Workplace Law Blog
Arbitration Agreement’s Illegible Print Not Automatically Invalid as Unfair
The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as…
ContractsProf Blog
ICYMI: AALS Section on Contracts Session in New Orleans
As we warned you in an earlier post . . . . The Topic Unconscionability is a staple of teaching first year contracts. The familiar elements of procedural and substantive…
ContractsProf Blog
AALS Section on Contracts Hosts a Panel on Unconscionability
The Topic Unconscionability is a staple of teaching first year contracts. The familiar elements of procedural and substantive unconscionability and the possible remedies are often taught as if there is…
HEIRS & SUCCESSES
No Undue Influence Found: Rowe v Van Den Ende [2025] NSWSC 1183 & Fairness in Property Transfers
Unconscionable conduct and undue influence are equitable doctrines addressing unfair advantage in relationships of unequal power. Unconscionable conduct focuses on a stronger party exploiting another’s special disadvantage – involving age,…