Arbitration Agreement Found Unconscionable

By Jill Roamer, JD, CIPP/US on Jul 27, 2022 10:30:00 AM

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An arbitration agreement is a contract that states that the signors cannot sue each other in court. Rather, the remedy for any perceived wrongdoing on the part of the signors is arbitration. Arbitration is similar to mediation except that the former is binding upon the parties. Businesses oftentimes prefer arbitration to a court process as a way to keep litigation costs down and to keep the dispute confidential.

A court might not honor an arbitration agreement and allow a suit to proceed if there was fraud or if the agreement is unconscionable. An unconscionable agreement would be one that was unreasonably unfair, unjust, or oppressive to a signor.

In a case out of Pennsylvania, a court did find that an arbitration agreement was unconscionable.

Topics: legal news
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Current Developments in Estate Planning and Business Law: July 2022

By WealthCounsel Staff on Jul 15, 2022 10:00:00 AM

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From the Internal Revenue Service’s Dirty Dozen tax schemes to the standard applicable to waiver in federal arbitration cases, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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Emotion Distress is Not a Viable Cause of Action for Victims of Discrimination

By Jill Roamer, JD, CIPP/US on Jul 3, 2022 10:54:00 AM

Emotion Distress is Not a Viable Cause of Action for Victims of Discrimination-small

If an individual sues an entity for violations of the Rehabilitation Act of 1973 and the Affordable Care Act, what kinds of damages can be recovered? The Supreme Court of the United States recently addressed this issue, and their ruling has disability advocates up in arms.

Topics: legal news
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