United States Third Circuit

Denial of a motion to compel arbitration on grounds that the arbitration clause in an employment agreement was unconscionable and employer had waived its right to compel arbitration is vacated and remanded where: 1) employee was highly-educated with various employment opportunities, and accepted an employment offer without first examining the terms of an underlying employment contract which he signed; and 2) in light of the absence of findings as to prejudice, the district court should consider and make findings as to all relevant factors of demonstrating prejudice.

Appellate Information

• Argued 12/20/2007
• Decided 04/14/2008
• Published 04/14/2008

Judges

• Before:  SLOVITER, FUENTES, Circuit Judges, and RESTANI , Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edward T. Colbert, (Argued), Brian S. Mudge, Kenyon & Kenyon, Washington, D.C., Susan K. Herschel, Hoyle, Fickler, Herschel & Mathes, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Robert L. Ebby, (Argued), Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, for Appellee.