Skip to Content

Get Your FREE Consultation


Supreme Court Hears Case Addressing Arbitrator’s Authority to Determine Unconscionability

On April 26, 2010, the United States Supreme Court heard oral arguments in a case addressing whether an arbitrator has authority to determine whether an arbitration clause is unenforceable due to unconscionability. The case, Rent-A-Center, West, Inc. v. Jackson, has far-reaching implications because it has been traditionally held that courts, rather than arbitrators, should decide the threshold issue of enforceability of arbitration clauses.

The plaintiff (Jackson) sued his employer, Rent-A-Center, West, Inc. for racial discrimination and retaliation. The defendant company moved to compel arbitration, citing an agreement it had required Jackson to sign as a condition of his employment. The plaintiff argued that the arbitration agreement was unenforceable because it was unconscionable and that a court should decide whether the agreement was valid. The agreement contained a provision purporting to require that challenges to enforceability be decided by an arbitrator, not a court. The trial court agreed with Rent-A-Center’s arguments and dismissed the case, rejecting the argument that enforceability of the arbitration clause was a matter for the Court – rather than the arbitrator – to decide in the first instance. On appeal, a divided panel of the Ninth Circuit Court of Appeals reversed, ruling that “a compulsory submission to arbitration cannot precede judicial determination that the . . . agreement does in fact create such a duty.” Rent-A-Center then filed a Petition for Certiorari and the Supreme Court agreed to hear the case.

Consumer advocates fear that if the Supreme Court rules in favor of Rent-A-Center, consumers and employees required to sign arbitration agreements will be deprived of any ability to challenge enforceability of those agreements in court. Instead, arbitrators would be allowed to decide whether an agreement is valid and enforceable and, thus, that the dispute should remain before the arbitrator for hearing. A decision in the case is expected later this year.

No Win, No Fee

Review Us

Martin & Jones, PLLC logo

“Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best.”

Contact Our North Carolina Personal Injury Law Firm

for a Consultation for Your Accident or Medical Malpractice Claim

Call us at 800-662-1234
No Win, No Fee

The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.