News & Analysis as of

Arbitration Agreements Unconscionable Contracts Dispute Resolution

Phelps Dunbar

Courts Rule That NFL Arbitration Clause Lacks Enforceability

Phelps Dunbar on

Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for...more

Adams & Reese

Louisiana Court Invalidates Arbitration & Delegation Clauses in Residential Sale Contract

Adams & Reese on

Arbitration clauses that reference the “AAA Construction Industry Arbitration Rules” are unenforceable if the contract does not define “AAA” or if the Construction Industry Arbitration Rules are not provided to lay...more

Proskauer - California Employment Law

Arbitration Agreement Was Unconscionable

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 31 documents to be signed...more

Jackson Lewis P.C.

Mass Arbitration Rules Under Scrutiny as Live Nation Asks SCOTUS to Overturn Heckman

Jackson Lewis P.C. on

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures...more

Haight Brown & Bonesteel LLP

Court of Appeal Finds Arbitration Agreement Presented as a Stand-alone Document was Not Unconscionable

The Second District Court of Appeal issued an opinion in Rocha v. U-Haul Co. of California, et al. (Cal. Ct. App., Feb. 2, 2023, No. B322599) 2023 WL 1462594, addressing questions of procedural and substantive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

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