The UCL Practitioner
Friday, August 05, 2005
"California Consumers Notch Win"
The Business Section of today's Chronicle has this article on Discover Bank v. Superior Court, ___ Cal.4th ___ (Jun. 27, 2005), which addressed the unconscionability of no-class-action arbitration clauses in consumer contracts. My original posts on Discover Bank are here and here. The article also discusses yesterday's Supreme Court opinion in Grafton Partners, L.P. v. Superior Court, ___ Cal.4th ___ (Aug. 4, 2005), which held that contractual agreements to waive the right to a jury trial are void as contrary to public policy (except in the context of arbitration clauses or other statutorily authorized waivers).
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