United States Ninth Circuit

In an action brought against former employer-law firm asserting Federal Fair Labor Standards Act and other state and federal labor law claims, an order dismissing plaintiff's action and compelling arbitration based upon an arbitration agreement distributed by interoffice mail and posted on employer's website is reversed and remanded where the arbitration agreement at issue was unconscionable under California law.

Appellate Information

• Argued 03/07/2006
• Decided 05/14/2007
• Published 05/14/2007

Judges

• SAMUEL P. KING, Senior District Judge., Before M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter M. Hart, Los Angeles, CA, for plaintiff-appellant Jacquelin Davis.


• For Appellees:
  
• Adam P. KohSweeney (argued), Scott H. Dunham & Anne E. Garrett (on the briefs), O'Melveny & Myers LLP, Los Angeles, CA, for defendant-appellee O'Melveny & Myers LLP.