This decision was handed down last November, but it is up on appeal, and friend of the blog Brett Frishmann (left) is filing an amicus brief, so this is one we will be watching. I’m going to use this as… Source by ContractsProf Blog Read More
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Split 9th Circuit Upholds District Court Finding that Arbitration Provision Is Unconscionable
Jose Emilio Ronderos was employed by defendants USF Reddaway, Inc. and Yellow Corporation, FKA YRC Worldwide, Inc. (Reddaway) as a haul manager. When he applied for the job, he was pressured to sign a non-negotiable arbitration agreement. The arbitration agreement… Source by ContractsProf Blog Read More
ERISA Claims: A Chink in the Armor of Class Action Waivers
Bradley Fleming, an employee of the Kellogg Company (Kellogg) and a participant in its defined contribution (401(k)) retirement plan, alleged breach of fiduciary duty sounding in ERISA § 502(a)(2), 29 U.S.C. § 1132(a)(2) against Kellogg and the fiduciaries who ran… Source by ContractsProf Blog Read More
What a Form Knows
Last year, we posted about , Consequential Damages: Alien Vomit or Intelligent Design (Alien Vomit), by Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi, and Mitu Gulati (the Authors) now published in the… Source by ContractsProf Blog Read More
The Overtime Contingency and Lumon’s Terms of Employment
I wlll assume that it is now safe to talk about Season 2 of Severance on the Blog. If you were going to watch it, you would have watched it by now. In any case, as I am drafting this… Source by ContractsProf Blog Read More
Reviewing Larry DiMatteo, Principles of Contract Law and Theory, Part XIII
This is the Thirteenth post in my series on Larry Di Matteo’s Principles of Contract Law and Theory (Principles). The aim is to call some attention to this book while using it to stimulate my thinking as I once again… Source by ContractsProf Blog Read More
Sid DeLong on How Students Should Read Contracts Cases
The Five Questions: How Students Should Read Contracts Cases. Sidney W. DeLong Beginning law students are taught to “brief” assigned cases by making abbreviated summaries of the information that they are supposed to glean from an appellate opinion. A classic… Source by ContractsProf Blog Read More