Pokorny v. Quixtar, Inc.

How courts have described this case

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

• holding that a unilateral clause shortening the limitations period added to the unconscionability of the contract
• holding that a unilateral clause shortening the limitations period added to the unconscionability of the contract
• explaining that in assessing procedural uneonscionability, the court must consider “whether the contract was one drafted by the stronger party and whether the weaker party had an opportunity to negotiate”
• reasoning that an agreement not to discuss the plaintiffs' claims with other employees could also handicap their \ability to investigate their claims and engage in meaningful discovery\
• affirming application of California law because the foreign law proponent failed to meet its burden under California’s governmental interest test
• finding substantive unconscionability because of (1) a lack of mutuality based on 12 arbitration agreement that allowed one party to litigate all claims in court while forcing other party 13 to bring all claims in arbitration; and (2

Source: CourtListener parenthetical corpus (CC0).