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« New Times Reports on Conning the Elderly, FDA Inspections, and Lead in Toys | Main | Lexis Willing to Abandon Unfair Arbitration Clause »

Thursday, January 31, 2008


little ole me

So, can I just print that on a t-shirt?


Whataburger is awesome. I think I'll eat there tonight.


That's seems both procedurally and substantively unconscionable. It is procedurally unconscionable because there is no explanation to the customer or certainty on any part that the customer understands and agrees to the provision - this will clearly have the effect of surprising the customer. It is substantively unconscionable at the very least because of the onesidedness of the provision. Under Armendariz, arbitration agreements require at least a modicum of bilaterality.


Mandatory binding arbitration is very realyable and useful.

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