Discover Bank v. Superior Court
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Discover Bank v. Superior Court (30 Cal.Rptr.3d 76) is a 2005 case where the California Supreme Court ruled that an arbitration clause was unenforceable because a class-action waiver contained within it would exculpate Discover Bank from liability for wrongdoing involving small sums of damages.
Quick Facts Discover Bank v. Superior Court, Decided June 27, 2005 ...
Discover Bank v. Superior Court | |
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Decided June 27, 2005 | |
Full case name | Discover Bank v. Superior Court of Los Angeles; Christopher Boehr, Real Party in Interest |
Citation(s) | 36 Cal. 4th 148, 113 P.3d 1100 |
Holding | |
An arbitration agreement with a class-action waiver was unenforceable on the grounds of unconscionability | |
Court membership | |
Chief Justice | Ronald M. George |
Associate Justices | Marvin R. Baxter, Janice Rogers Brown, Ming Chin, Joyce L. Kennard, Carlos R. Moreno, Kathryn Werdegar |
Case opinions | |
Majority | Moreno, joined by George, Kennard, Werdegar |
Concur/dissent | Baxter, joined by Chin, Brown |
Laws applied | |
Federal Arbitration Act, California Civil Code §1668 | |
Overruled by | |
AT&T Mobility LLC v. Concepcion |
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