Ninth Circuit· 8/23/2016
David Tompkins v. 23andme, Inc.
Citations
- 840 F.3d 1016
- 2016 WL 6072192
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding valid arbitration agreements that did not impose unaffordable fees that would thwart a party’s ability to arbitrate
- finding, under California law, that bilateral intellectual property carveout was not unconscionable
- collecting cases and recognizing “plaintiffs have not identified any case where a state appellate court held that a bilateral clause awarding attorneys’ fees and costs to prevailing party was unconscionable, whether in an arbitration or nonarbitration context.”
- “The party asserting that a 27 contractual provision is unconscionable bears the burden of proof.”
- one-sided contract to provide extra margin of safety for one 24 party based on legitimate business needs not necessarily unconscionable
- considering whether a provision 1 some substantive unconscionability” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Trott, Ikuta, Watford
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