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May 2010, Vol. 46, No. 5

Medical Negligence

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High Court considers arbitrator's authority to determine unconscionability

In oral arguments in the Supreme Court last week, the justices questioned attorneys for Rent-A-Center and a former employee on whether a challenge to the enforceability of an arbitration clause may be heard by an arbitrator or belongs in court. The potential implications are “very troubling,” according to one plaintiff attorney.

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