Contract of Adhesion
The classic definition of a "contract of adhesion" may be changing.The definition remains in wide use, though now often improperly conflated with unconscionability:read more
View Article2d Circut Holds Class Action Waiver Unenforceable
On January 30 the US Court of Appeals for the Second Circuit issued a ruling with broad ramifications for franchise disputes.read more
View ArticleParada v Superior Court (Monex Deposit Co)
Requiring three neutral arbitration & prohibiting class actions can render an arbitration clause unenforceable, rules a California appellate court in a case of significant importance to...
View ArticleCovenant Health v. Moulds
Citing to leading franchise law cases, the Supreme Court of Mississippi issued a blistering attack on unconscionable arbitration clauses and reversed the appellate court.read more
View ArticleArbitration Clause Prohibiting Class Action OK in California
Waiver of class-action arbitrations and multi-party litigation is neither procedurally nor substantively unconscionable.read more
View ArticleSuper 8 Gets Grand 400
There is no "I didn't read it" defense to a breach of contract lawsuit. So said a federal court, awarding Super 8 damages of $415,229.read more
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South Park Episode For Franchisees
A recent episode of South Park centered on what happened when one of the characters failed to read the contract when he downloaded iTunes. read more
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