California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined to be unlawful. The court’s opinion also raises doubts about the effectiveness of severability clauses....
By: Ogletree, Deakins, Nash, Smoak & Stewart,

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