Topic
Unconscionability
145 published works
California Workplace Law Blog
California Supreme Court Clarifies Discovery Limitations and Severability in Arbitration Agreements
The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether…
ContractsProf Blog
NJ Appellate Court Finds Verizon’s Arbitration Provision Unconscionable
Image by DALL-EIn February, 2022, twenty-eight New Jersey Verizon Wireless customers filed a putative class action against the company, claiming that Verizon's failure to disclose a $1.95 monthly administrative fee…
California Employment Law Blog
Don't Be Hasty: Crafting Conscionable Arbitration Agreements
Unconscionability renders contracts unenforceable due to unfairness, involving procedural and substantive elements. In employment arbitration, as seen in Hasty v. AAA, unconscionability is crucial for validity, necessitating the need for…
Bright Law Blog
Case note: penalty for unconscionable conduct over account fees
In Australian Securities and Investments Commission v National Australia Bank Limited (No 2) [2023] FCA 1118 the Federal Court of Australia ordered National Australia Bank Limited to pay to the…
Health Law Prof Blog
Constructive Notice and Passive Retention Scenarios in Unconscionable Conduct Cases
Alan Zheng (University of Sydney Law School), Pranay Jha (Independent), Constructive Notice and Passive Retention Scenarios in Unconscionable Conduct Cases, 4 Comm. L.Q. (2023): The equitable doctrine of unconscionable conduct has…
Health Law Prof Blog
Constructive Notice and Passive Retention Scenarios in Unconscionable Conduct Cases
Alan Zheng (University of Sydney Law School), Pranay Jha (Independent), Constructive Notice and Passive Retention Scenarios in Unconscionable Conduct Cases, Com. L. Q. (2023): The equitable doctrine of unconscionable conduct has…
Labor & Employment Law Blog
It Is Time to Check Your Onboarding Documents – Employer’s Confidentiality Agreement Renders Its Arbitration Agreement Unenforceable
By Morgan Forsey, Ian Michalak
On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the…
California Workplace Law Blog
California Court of Appeal Stresses the Difference Between Substantive and Procedural Unconscionability for Arbitration Agreements
In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes…
Bright Law Blog
Case note: unconscionable conduct and wrongful charging of fees
In Australian Securities and Investments Commission v National Australia Bank Limited [2022] FCA 1324 the Federal Court of Australia declared that in the period from January 2017 until July 2018,…
Achkar Law Blog
When is an employment or settlement agreement unconscionable?
The old adage “always read before you sign” is an important rule of thumb that applies to employment and contract law. However, even after a careful read of a contract,…