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Third circuit axes 'unconscionable' arbitration agreement.

Publication: Trial
Publication Date: 01-NOV-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Third Circuit Court of Appeals recently struck down an employer's mandatory arbitration agreement because many of its provisions were too heavily weighted in favor of the employer. (Alexander v. Anthony Int'l, LP., 341 F.3d 256 (3d Cir. 2003).) The opinion, which blasted the agreement as "one-sided in the extreme" and "fundamentally unconscionable," is the latest in a string of federal appellate court decisions that have favored employees who challenged similarly lopsided arbitration agreements.

"I think we're seeing a trend across the country. What we've got is greedy employers who are not going to be able to get away with what they're trying to do," said Chicago employment lawyer Monica McFadden.

The plaintiffs in the case, Blaise Alexander and Gerald Freeman,...

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