Ingle v. Circuit City Stores, Inc.
United States Court of Appeals for the Ninth Circuit
328 F.3d 1165 (2003)
Circuit City (defendant) required job applicants like Catherin Ingle (plaintiff) to sign an arbitration agreement as a condition of having their application considered, and the agreement one-sidedly required arbitration only for employee claims, imposed a one-year filing deadline, barred class arbitration, made employees pay a fee directly to Circuit City to initiate arbitration, required employees to cover half the arbitration costs (even Circuit City's share if the employee lost), limited available remedies, and let Circuit City unilaterally modify or terminate the agreement. After Ingle sued for harassment and discrimination, the district court denied Circuit City's motion to compel arbitration, finding the agreement conditioned employment on giving up statutory rights and remedies.
Whether a contract must be both procedurally and substantively unconscionable to be unenforceable on grounds of unconscionability.