Legal Opinion

Romney v. Franciscan Medical Group

Court of Appeals of Washington

Decided February 17, 2015No. 71625-5-IPublishedCited by 18 opinions

1Opinion of the Court

*733¶1

Trickey, J.

Washington has a strong public policy favoring arbitration. Because of that clear policy, an employer-employee arbitration agreement will be upheld even if certain provisions of the agreement are substantively unconscionable so long as those provisions are severable.

¶2 The arbitration agreement allows plaintiff-employees to seek damages claimed as well as any attorney fees and costs “as required by law.” The arbitration agreement at issue here is neither procedurally nor substantively unconscionable.

¶3 The employees’ assertion that the agreement is substantively unconscionable…

2Cases cited39 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  3. Circuit City Stores, Inc. v. AdamsSupreme Court of the United States · 2001
  4. Perry v. ThomasSupreme Court of the United States · 1987
  5. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000

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3Cited by18 opinions

  1. David Johnson v. Keybank National AssociationCourt of Appeals for the Eleventh Circuit · 2017
  2. Marcus & Millichap Real Estate Investment Services of Seattle, Inc. v. Yates, Wood & MacDonald, Inc.Court of Appeals of Washington · 2016
  3. Brinkley v. Monterey Fin. Servs., Inc., California Court of Appeal, 4th District2015
  4. Romero v. Allstate InsuranceDistrict Court, E.D. Pennsylvania · 2016
  5. Stephen Mayne v. Monaco Enterprises, Inc.Court of Appeals of Washington · 2015

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