Mohammed Al-Safin v. Circuit City Stores, Inc., a Virginia Corporation

BEA, Circuit Judge,

dissenting., Circuit City Stores, Inc. (“Circuit City”) appeals the district court’s denial of its motion to dismiss and compel arbitration of Mohammed Al-Safin’s employment discrimination claims. The majority opinion affirms, holding that certain provisions of Circuit City’s Dispute Resolution Rules and Procedures (“DRRP”) in effect, in 1998 are substantively unconscionable under Washington law and that these unconscionable provisions pervade the entire arbitration agreement such that any attempt to sever those provisions would render the resulting procedure unworkable.…