The Ninth Circuit today held a ban on class arbitrations in a wireless telephone service agreement unconscionable under California law. It also concluded that the federal Arbitration Act doesn’t preempt state unconscionability law. And it struck the entire arbitration clause in its non-severable pristineness. Shroyer v. New Cingular Wireless Services, Inc., No. 06-55964 (9th Cir. Aug. 17, 2007).
Blawgletter suspects that the district court did the defendants no favors by its wholesale adoption of their seven-page order.
Barry Barnett