Unconscionability and Franchise Litigation

by C. Griffith Towle (co-author)

October 2006 – The doctrine of unconscionability appears to be in a state of flux, and it has yet to be determined what effect the recent California and Ninth Circuit cases will have on future decisions in those jurisdictions, and whether and how the impact of those decisions will extend elsewhere. However, the First Circuit’s recent Kristian decision, in which a court thousands of miles from California and the Ninth Circuit struck down provisions precluding class arbitration and damage provisions because they frustrated the vindication of statutory rights, should make all franchise lawyers sit up and take notice.  View a pdf copy of the article.