Jackson v. Rent-A-Center West, Inc., No. 07-16164

In an appeal from the district court's order dismissing plaintiff's 42 U.S.C. section 1981 race discrimination claim and compelling arbitration, the order is affirmed in part where the district court did not err in determining that the cost-sharing provision of the parties' arbitration agreement was not substantively unconscionable. However, the ruling is reversed in part and remanded where: 1) the question of whether the parties' agreement was unconscionable was for the court to decide; and 2) the district court failed to address whether certain provisions of the agreement were substantively unconscionable.

Read Jackson v. Rent-A-Center West, Inc., No. 07-16164

Appellate Information

Submitted November 21, 2008

Filed September 9, 2009

Judges

Opinion by Judge Thomas

Dissent by Judge Hall

Counsel

For Appellant:

Ian E. Silverberg, Hardy Law Group, Reno, NV

For Appellee:

Michael T. Garone, Schwabe, Williamson & Wyatt, Portland, OR