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Log In / Register | Nov 27, 2014

South Park Episode For Franchisees

Southpark finds out what happens when you sign a contract of adhesion by accident

A recent episode of South Park centered on what happened when one of the characters failed to read the contract when he downloaded iTunes.

Super 8 Gets Grand 400

There is no "I didn't read it" defense to a breach of contract lawsuit. So said a federal court, awarding Super 8 damages of $415,229.

Arbitration Clause Prohibiting Class Action OK in California

Waiver of class-action arbitrations and multi-party litigation is neither procedurally nor substantively unconscionable.

Covenant Health v. Moulds

Citing to leading franchise law cases, the Supreme Court of Mississippi issued a blistering attack on unconscionable arbitration clauses and reversed the appellate court.

Parada v Superior Court (Monex Deposit Co)

Requiring three neutral arbitration & prohibiting class actions can render an arbitration clause unenforceable, rules a California appellate court in a case of significant importance to franchisees.

2d Circut Holds Class Action Waiver Unenforceable

On January 30 the US Court of Appeals for the Second Circuit issued a ruling with broad ramifications for franchise disputes.

Contract of Adhesion

The classic definition of a "contract of adhesion" may be changing.

The definition remains in wide use, though now often improperly conflated with unconscionability: