Washington Supreme Court affirms it doesn’t like arbitration clauses

September 12, 2013 | By ANASTASIA BODEN

Today the Washington Supreme Court issued an opinion in Hill v. Garda, which, unsurprisingly, demonstrated the lasting contempt among courts for arbitration agreements.  In Hill, a group of Garda employees brought a lawsuit against Garda for purported wage and hour violations.  Garda asked the district court to compel arbitration pursuant to an a ...


Will freedom of contract survive in the California Supreme Court?

September 25, 2012 | By DEBORAH LA FETRA

Gil Sanchez bought a used Mercedes for $54,000.  He signed a standard sales contract used by dealerships throughout California, that he did not read.  If he had read it, he might have noticed the arbitration provision on the back of the contract, outlined by a black box.  He might also have noticed the class action … ...


Consumers and businesses may agree to resolve disputes in individual arbitration, even in Massachusetts

August 22, 2012 | By DEBORAH LA FETRA

In 2011, the United States Supreme Court held in AT&T Mobility v. Concepcion that states could not invoke “public policy” or “unconscionability” as a reason to invalidate arbitration agreements that contain a class action waiver.  The Federal Arbitration Act demands that arbitration agreements be considered the same as ...