Business Law Update, October 2009
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A Look Ahead at the U.S. Supreme Court’s Upcoming 2009 Term
By Chris M. Heffelbower and Ashlee M. Bekish*
The United States Supreme Court’s upcoming term begins Monday, October 5. The Court has already agreed to hear over 50 cases and is expected to add more cases once the term commences. This alert provides a brief look at some of the interesting cases the Supreme Court has agreed to hear thus far. Continue
Ninth Circuit Rules that Court, Not Arbitrator, Must Decide Unconscionability
By Bruce J. Douglas and Ashlee M. Bekish*
The issue of whether the court or the arbitrator should decide questions relating to unconscionability has divided the federal courts of appeals. In 2006, the Supreme Court in Buckeye Check Cashing, Inc. v. Cardegna held that when a party challenges the validity of a contract, but not its arbitration provisions, the arbitrator, not the court, decides whether the contract is valid. In this case, Jackson v. Rent-A-Center West Inc., ___ F.3d ___, 2009 WL 2871247 (9th Cir.), the Ninth Circuit applied what it called the “flip side” of the Buckeye rule and found “that when a party specifically challenges the validity of arbitration provisions within a larger contract, apart from the validity of the contract as a whole, a court decides the threshold question of the enforceability of the arbitration provisions.” Continue
Minnesota Court of Appeals Confirms that Plaintiff May Prove a Case of Employment Discrimination via Circumstantial Evidence
By Julia H. Halbach
In Friend v. Gopher Company, Inc. 771 N.W.2d 33 (Minn. Ct. App. 2009), the Minnesota Court of Appeals recently clarified the manner in which a plaintiff can prove a case of employment discrimination under the Minnesota Human Rights Act (“MHRA”). Continue
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This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice. |