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Ramirez asserted the Agreement was unconscionable because it compelled arbitration of claims more likely to be brought by an employee and excluded claims more likely to be brought by Charter. The trial court rejected the argument, but the Court of Appeal did not.
Patterson sued Charter, alleging FEHA violations, and Charter moved to compel arbitration. Patterson opposed, arguing the Agreement was unconscionable and unenforceable. Unlike this case, the trial court granted the 32 RAMIREZ v. CHARTER COMMUNICATIONS, INC. Opinion of the Court by Corrigan, J. motion to compel.11 (Patterson, at pp. 478−479.)
Jul 18, 2024 · The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether the agreement could be salvaged by severing the unconscionable provisions. In doing so, the California Supreme Court ...
Jul 24, 2024 · The California Supreme Court issued its opinion in Ramirez v.Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the ...
Jul 26, 2024 · USA July 18 2024. Jackson Lewis PC – Scott P. Jang. The California Supreme Court issued its opinion in Ramirez v.Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether the agreement could be salvaged by severing the unconscionable provisions.
Ramirez v. Charter Communications, Inc., S273802 – Decided July 15, 2024 The California Supreme Court held today that an arbitration agreement may be unconscionable if it requires a party resisting arbitration to pay the other party’s attorney’s fees, requires arbitration of claims commonly brought by employees but not those commonly brought by employers, or unreasonably shortens a ...
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Jul 18, 2024 · Ramirez v. Charter Communications, Inc. is a reminder to employers to ensure that their employment arbitration agreements are fair and balanced, and the decision clarifies the standard to determine whether courts can sever unconscionable (i.e., one-sided and/or illegal) terms. Background