Cases: Unconscionability – Cal Attorneys Fees

Arbitration/Employment: Contractual Arbitration Clause Invalidated, Among Other Things, Because Attorney’s Fees Granted To Mere Prevailing Party On FEHA Claims

Cases: Arbitration, Cases: Employment, Cases: Unconscionability

February 3, 2012

Employee Won Substantive Unconscionability Argument Based on Absence of Frivolousness Requirement for Employer FEHA Fee Recovery. Normally under FEHA, a prevailing defendant (usually, an employer) can only recoup fees if it proves that plaintiff employee’s claims were frivolous, unreasonable, without foundation, or brought in bad faith. What happens when an employer inserts an […]

Unconscionability: One-Side Arbitration Provision Found to Be Permeated by Unconscionability

Cases: Arbitration, Cases: Costs, Cases: Unconscionability

January 29, 2010

One-Side Legal Costs and Fees Provision Was Part of the Problem Most cases we report about involve an award of attorney's fees, or the denial of an award. But we cast our net widely. In the next case, an arbitration provision was held to be procedurally and substantively unconscionable, in part because it had a

SECOND DISTRICT FINDS THAT ATTORNEY FEE RETAINER AGREEMENT CONTAINING AN ARBITRATION CLAUSE WAS NOT UNCONSCIONABLE

Cases: Retainer Agreements, Cases: Unconscionability

May 22, 2008

Court of Appeal, in Unpublished Opinion, Reverses Trial Court Ruling of Unconscionability. In order to avoid being relegated to quantum meruit recovery, most attorneys obtain client signatures on written attorney fee retainer agreements, which set forth the terms and conditions on which they will provide services to the particular client. Business