Contractual Analysis for The Hazed and The Hazer

Author: Michael Kutzner

Guest Editor: Grace Shuman

March 2, 2022 4:10pm

Arbitration can significantly impact the outcome of a case.  Arbitration agreements must be worded precisely so as not to create procedural unconscionability, and arbitration agreements within adhesion contracts must be carefully scrutinized because they create complex legal issues.

Is that Arbitration “Demand” Really a Demand?

Author: Robert Tyson

October 20, 2014 4:42pm

While arbitration is often necessary to determine uninsured motorist coverage for the liability of an uninsured motorist, the process for commencing arbitration is not always clear. Allstate Ins. Co. v. Gonzalez addresses the requirements an insured must satisfy in order to trigger arbitration.

Employer Arbitration Agreements Still A Hot Topic For California Appellate Courts

Author: Robert Tyson

May 29, 2014 4:25pm

Over the past month, the California appellate courts have decided two more cases related to the enforceability of employer’s arbitration agreements. As discussed more extensively below, an agreement that is one-sided or oppressive in nature will be found unconscionable. However, in a positive development for employers, a delegation clause (allowing for the arbitrator to decide the arbitration agreement’s enforceability) will be enforced.

Six Excuses Employers Should Know: Employee Challenges to an Arbitration Agreement

Author: Robert Tyson

May 9, 2014 11:46pm

Employers frequently ask employees to sign arbitration agreements covering all disputes arising out of the employment relationship. Recently, the USSC issued rulings enforcing employment arbitration agreements. However, employees would much rather pursue litigation against their employers in court before a jury rather than before an arbitrator. Therefore, when a dispute arises, employees frequently try to get out of the agreement to arbitrate, especially in California where state courts are more likely to void such an agreement.

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