Legal Opinion

Kinney v. United Healthcare Services, Inc.

California Court of Appeal

Decided March 29, 1999No. D028873PublishedCited by 99 opinions

1Opinion of the Court

Opinion

McINTYRE, J.

J.United Healthcare Services, Inc., and Linda Hansen-Kyle (collectively, United) appeal an order denying their motion to require Kathleen Kinney to pursue her employment-based claims against them in arbitration. United contends that the trial court erred in finding that the arbitration provision contained in its employee handbook was unenforceable for lack of mutuality and argues that none of Kinney’s other contentions in the proceedings below provide a basis for finding the provision unenforceable. We find the terms of the arbitration agreement so unconscionable as to…

2Cases cited19 opinions

  1. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  2. Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
  3. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  4. Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
  5. Graham v. Scissor-Tail, Inc.California Supreme Court · 1981

14 more not listed; retrieve them via the Exa API.

3Cited by99 opinions

  1. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  2. Catherine Ingle v. Circuit City Stores, Inc., a Virginia CorporationCourt of Appeals for the Ninth Circuit · 2003
  3. Szetela v. Discover BankCalifornia Court of Appeal · 2002
  4. Misty Ferguson v. Countrywide Credit Industries, Inc., Countrywide Home Loans, Inc., and Leo Deleon Does 1-10, InclusiveCourt of Appeals for the Ninth Circuit · 2002
  5. Morris v. Redwood Empire BancorpCalifornia Court of Appeal · 2005

94 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API