“United States: Don’t Throw The Class Waiver Baby Out With The Arbitration Agreement Bathwater”, looks at a Supreme Court decision in 2011 which mandated that courts should not dump the entire agreement as long as it can be enforced after severing the provisions which are unconscionable. More recently, a US District Judge found an arbitration agreement consumed with unconscionability to the extent that she held the entire agreement should be thrown out.
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