Readers of this column will recall we recently warned that franchise agreement arbitration clauses were increasingly being held unconscionable and unenforceable by various West Coast courts[1]� .
Over the intervening months, things have only gotten worse. For on the heals of the U.S. Court of Appeals for the Ninth Circuit’s rejection of a franchise agreement’s arbitration clause in Ticknor. v. Choice Hotels International, Inc.,[2]� the Ninth Circuit, relying in part on Ticknor, three weeks ago struck an arbitration clause in a case that has already been to the U. S. Supreme Court and received much national attention Circuit City Stores Inc. v. Adams.[3]�
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