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Court ignores Concepcion, finds arbitration clause unconscionable

A federal district court in California ruled an arbitration clause unconscionable without ever referencing the recent U.S. Supreme Court ruling in AT&T Mobility LLC v. Concepcion. The court in Chavarria v. Ralphs Grocer Co. called the arbitration agreement a “sham,” noting that it gives all of the power to the defendant and none to the employees who brought the wage-and-hour class action. The defendant argued Concepcion broadly endorses mandatory
individual arbitration.

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