Home -> Law Blog Directory -> Consumer Law Blogs -> CL&P Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Consumer Law
: CL&P BlogEighth Circuit Finds Class Action Aribtration Ban Not Unconscionable
By Brian Wolfman
by Brian Wolfman
In Pleasants v. American Express, No. 07-3235 (Sept. 8, 2008), the Eighth Circuit has upheld an adhesion contract requiring pre-dispute mandatory arbitration and banning class actions in arbitration. The case involved a dispute over pre-loaded store cards (or gift cards). Applying Missouri law on unconscionability, the Eighth Circuit held that the contract was not procedurally unconscionable because the relevant contractual provisions were conspicuous (although it appears that they would not have been seen by the consumer until after he or she had purchased the card) and was not substantively unconscionable because the contract did not waive the damages and fees available to consumers under applicable substantive law. The Eighth Circuit distinguished a Missouri Court of Appeals case finding a class action ban unconscionable (read the decision and decide for yourself whether the Missouri case was properly distinguished). The Eighth Circuit also noted that in deciding questions of state law it was not bound by the decisions of intermediate state appellate courts (as opposed to state high courts).
Full post as published by CL&P Blog on September 14, 2008 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Bank Website Security
New Report Finds Widespread Flaws
PTDS class action
Veterans Post Traumatic Stress Disorder Class Action
ASMP and Other Visual Artists File Class Action Lawsuit Against Google
Google Faces Class Action for Copyright Infringement
Settlement Reached in Female Athletes' Class Action
Slippery Rock University Settles Discrimination Class Action
GE Reitrement Class Action Settled
GE $40 Million Settlement Agreed in Retirement Class Action

Washington Supreme Court finds class action ban unconscionable: McKee v. AT&T Corp.
Kenneth S. Geller argues FLSA class action aribtration appeal for Long John Silver's, and loses
Washington Supremes Hold that AT&T's Class Action Waiver is Unconscionable
Two notable sentencing rulings from the Eighth Circuit









