|
if administrative costs make arbitration clause unconscionable, |
| purchasers must explore whether arbitration organization will |
| waive or diminish its fees or whether seller will offer to pay |
| the fees)]; Paladino v. Avnet Computer Tech., Inc., 134 F.3d |
| 1054 (11th Cir. 1998) (employee not required to arbitrate Title |
| VII claim where the contract limits damages below that allowed |
| by the statute); Broemmer v. Abortion Serv. of Phoenix, Ltd., |
| supra (stating that arbitration agreement unenforceable because |
| it required a patient to arbitrate a malpractice claim and to |
| waive the right to jury trial and was beyond the patient's |
| reasonable expectations where drafter inserted potentially |
| advantageous term requiring arbitrator of malpractice claims to |
| be a licensed medical doctor); Armendariz v. Foundation Health |
| Psychcare Serv. Inc., 24 Cal. 4th 83, 6 P.3d 669, 99 Cal. Rptr. |
| 2d 745 (2000) (concluding that clause in arbitration agreement |
| limiting employee's remedies in state anti-discrimination claims |
| is cause to void arbitration agreement on grounds of |
| unconscionability); Broughton v. Cigna Healthplans of |
| California, 21 Cal. 4th 1066, 988 P.2d 67, 90 Cal. Rptr. 2d 334 |
| (1999); (finding although consumer's claim for damages under |
| consumer protection statute is arbitrable, claim for injunctive |
| relief is not because of the public benefit for the injunctive |
| remedy and the advantages of a judicial forum for such relief); |
| Engalla v. Permanente Med. Grp., 15 Cal. 4th 951, 938 P.2d 903, |
| 64 Cal. Rptr. 2d 843 (1997) (stating that health maintenance |
| organization may not compel arbitration where it fraudulently |
| induced participant to agree to the arbitration of disputes, |
| fraudulently misrepresented speed of arbitration selection |
| process and forced delays so as to waive the right of |
| arbitration); Gonzalez v. Hughes Aircraft Employees Fed. Credit |
| Union, 70 Cal. App.4th 468, 82 Cal. Rptr. 2d 526 (1999) (holding |
| that arbitration agreement which has unfair time limits for |
| employees to file claims, requires employees to arbitrate |
| virtually all claims but allows employer to obtain judicial |
| relief in virtually all employment matters, and severely limits |
| employees' discovery rights is both procedurally and |
| substantively unconscionable); Stirlen v. Supercuts, Inc., 51 |
| Cal. App. 4th 1519, 60 Cal. Rptr. 2d 138 (1997) (ruling that |
| one-sided compulsory arbitration clause which reserved |
| litigation rights to the employer only and denied employees |
| rights to exemplary damages, equitable relief, attorney fees, |
| costs, and a shorter statute of limitations unconscionable); |
| Rembert v. Ryan's Family Steak House, 235 Mich.App. 118, 596 |
| N.W.2d 208 (1999) (concluding that a predispute agreement to |
| arbitrate statutory employment discrimination claims was valid |
| only as long as employee did not waive any rights or remedies |
| under the statute and arbitral process was fair); Alamo Rent A |
| Car, Inc. v. Galarza, 306 N.J. Super. 384, 703 A.2d 961 (1997) |
| (finding that an arbitration clause that does not clearly and |
| unmistakably include claims of employment discrimination fails |
| to waive employee's statutory rights and remedies); Arnold v. |
| United Co. |
