unconscionability

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-6299 Brayan Jassiel Leyva-Peraza v. United States Fifth Circuit 2020-11-13 Denied Response WaivedIFP appellate-review circuit-conflict circuit-split discretionary-review due-process judicial-discretion knowing-and-voluntary plea-agreement supervisory-powers unconscionability Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held the plea agreement in this case was not …
19-8683 Edgardo Grande v. United States Fifth Circuit 2020-06-12 Denied Response WaivedIFP 18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract 1. Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscio…
19-875 OTO, L.L.C. v. Ken Kho, et al. California 2020-01-15 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) administrative-proceeding arbitration-agreement civil-litigation federal-arbitration-act preemption procedural-protections state-law substantive-unconscionability unconscionability Whether the Federal Arbitration Act preempts a State from invalidating an arbitration agreement as substantively unconscionable on the ground that it …
18-1437 Winston & Strawn LLP v. Constance Ramos, et al. California 2019-05-16 Denied Amici (6) arbitration arbitration-agreements armendariz civil-rights contract-law employment employment-arbitration federal-arbitration-act preemption severability unconscionability In AT&T Mobility LLC v. Concepcion, this Court reiterated that the Federal Arbitration Act (FAA) requires courts to "place arbitration agreements on a…
18-685 Lynn Robinson, et al. v. American Airlines, Inc., et al. Tenth Circuit 2018-11-26 Denied Response Waived adhesion-contract adhesion-contracts airline-deregulation-act common-law common-law-contract consumer-rights contract-interpretation contract-law forfeiture statutory-interpretation unconscionability Since the enactment of the Airline Deregulation Act of 1978, there has been confusion and uncertainty among the courts as to what the answer is to the…