Topic
Unconscionability
145 published works
ContractsProf Blog
Pennsylvania Court Follows Chilutti and Explains Reasons for Denying Motion to Compel Arbitration
Plaintiff Joshua Miller purchased a season’s pass to an amusement park online. He did so by clicking through a number of webpages. One page informed him that he was purchasing…
ContractsProf Blog
Teaching Assistants: Sabine Tsuruda’s “Basic Interests” Approach to Unconscionability Doctrine
Martha Ertman (right) provides an excellent review on JOTWELL of Sabine Tsuruda’s recently published article, Race, Unconscionability, and Contractual Equality, I won’t try to summarize Professor Ertman’s summary. I just…
California Employment Law Update
Arbitration Agreement Was Unconscionable
By Tony Oncidi
Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025) The Court noted “[t]here was extensive evidence of procedural unconscionability, with an adhesive contract, buried in a stack of…
Commercial Case Notes
Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power
By John Lundin
On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding…
ContractsProf Blog
Split 9th Circuit Upholds District Court Finding that Arbitration Provision Is Unconscionable
Jose Emilio Ronderos was employed by defendants USF Reddaway, Inc. and Yellow Corporation, FKA YRC Worldwide, Inc. (Reddaway) as a haul manager. When he applied for the job, he was…
Class Defense Blog
Ninth Circuit holds that arbitration agreement adopting New Era’s mass-arbitration rules is unconscionable—but the decision is narrow and limited to New Era’s unique rules
By Andrew J. Pincus, Archis A. Parasharami, Kevin Ranlett, Daniel Jones, Adam Hudes
Abuse of the arbitration system by plaintiffs’ lawyers through the filing of mass arbitrations is by now well-documented, including in a paper we authored for the Chamber of Commerce’s Institute…
ContractsProf Blog
Sid DeLong, Hillbilly Equity
HILLBILLY EQUITY: Woollums v Horsely as Mountain MelodramaSidney W. DeLongWhen I began teaching contracts, I used the Dawson, Harvey, and Henderson Contracts casebook. As do many casebook authors, Dawson chose…
Consumer Financial Services Law Monitor
Ninth Circuit Issues Decision Limiting Scope of <em>Concepcion</em>
In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust…
Ogletree Deakins Insights
California Appellate Decision Raises New Considerations for Arbitration Agreements
By Publisher, Alexander M. Chemers, Zachary V. Zagger
Quick Hits A California appellate court refused to enforce an employment arbitration agreement after finding three common provisions were unconscionable. The ruling raises new considerations for employers that want enforceable…
Ogletree Deakins Insights
California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness
By By: Jack S. Sholkoff, Zachary V. Zagger
Quick Hits The Supreme Court of California held that courts may only sever unconscionable terms from arbitration agreements and enforce the rest of the agreement when the terms are collateral,…