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 to ...
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain ...
Businesses seeking to sell goods or services to consumers frequently include provisions in consumer contracts that place limitations on liability or set out mandatory dispute resolution provisions.
The California Supreme Court has declared that California has a “strong public policy in favor of enforcing arbitration agreements.” Where the employee has the power to negotiate the terms of an ...
As Jim Dey discussed in Wednesday’s News-Gazette, a fan in the stands at Wrigley Field was severely injured when struck by a foul ball during a 2018 game. The fan sued Major League Baseball and the ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Appalachian contends articles 7 and 14 are not enforceable because both are unconscionable. The doctrine of unconscionability is codified in Civil Code section 1670.5. Section 1670.5, in pertinent ...
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an ...
There's no such thi-aieeeee! So the last two weeks we've talked about some provisions in the End User License Agreement and Terms of Use that you might not have known ...
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