Jacquelin Davis v. O'Melveny & Myers, a California Limited Liability Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that while employees working at an international law firm were “invited to ask questions” about the arbitration agreement, that did not “indicate that the terms were negotiable for employees such as Davis.”
• holding that where 15 an employee is facing an employer with overwhelming bargaining power that has 16 drafted an arbitration clause, and presented it to the employee on a take-it-or-leave- 17 it basis, the clause is procedurally unconscionable
• noting that a claim such as failure to pay overtime would be brought by an employee, not an employer
• indicating that there is no procedural unconscionability where an employee may opt out of an arbitration provision and “still preserve his or her job”
• stating that both procedural and substantive uneonseionability must be present for an arbitration agreement to be unenforceable
• finding four unconscionable provisions unseverable because they “cannot be stricken or excised without gutting the agreement”

Source: CourtListener parenthetical corpus (CC0).