Tag Archives: mandatory arbitration

Arbitration Proceedings May Be Risky Business

In a recent ruling of the U.S. Supreme Court, Oxford Health Plans LLC v. Sutter, petitioner-defendant Oxford was forced to proceed with class arbitration with respondent-plaintiff John Ivan Sutter. This case, like other recent rulings of the Supreme Court, has … Continue reading

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Unconscionability Defense Preserved by California Court

On February 28, 2012, a California appelate panel refused to enforce an arbitration provision as unconscionable in Mayers v. Volt Management Corp., _ Cal.App.4th _ (Feb. 2, 2012). That’s big news. It was not obvious that this defense survived the … Continue reading

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Fifth Circuit rules against 24 Hour Fitness in arbitration case

The Fifth Circuit Court of Appeals upheld a decision that found that a mandatory arbitration clause used by 24 Hour Fitness was illusory because it allowed the company to make changes to the policy retroactively. The decision in Carey v. … Continue reading

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