The Mutuality Doctrine In The Arbitration Agreement The Elephant In The Road

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Like the Armendariz employee, Zuver argues that the provision of her punitive or model damages agreement does not apply equally to Airtouch.B could continue to claim punitive damages or exemplary damages against her for claims based on the disclosure of confidential information in Colorado (13), 14 see Rubenstein/S. Denver Nat`l Bank , 762 p.2d 755, 757 (Colo.Ct.App.1988) (colo. Ct.App.1988) (affirming that exemplary claims for breach of confidentiality are available when a plaintiff has reasonable proof of damages).   However, referring to Raasch v. NCR Corp., 254 F.Supp.2d 847 (S.D.Ohio 2003), Airtouch asserts that there is no need to guarantee full reciprocity of remedies in arbitration agreements.15 Moreover, the important conditions of the arbitration agreement were not hidden in a “maze of fine print”. “Schroeder, 86 Wash.2d to 260, 544 P.2d 20 (citation Williams, 350 F.2d to 449).   Although Zuver obtained the agreement with five other annexes, the agreement was clearly called “ARBITRATION AGREEMENT”, emphasized, bold and in capital letters.   Cp at 36.   See.M.A. Mortenson Co. v. Timberline Software Corp., 140 Wash.2d 568, 588, 998 P.2d 305 (2000) (on the grounds that the terms of a licensing agreement are contained in capital letters does not support the party`s argument that the agreement is not procedurally feasible). Finally, the terms of the agreement were in normal writing and writing, and the agreement itself was only one page long.

  CP at 36-37.   See Luna, 236 F.Supp.2d to 1176 (on the grounds that a unilateral arbitration agreement on terms the size of a newspaper did not support the conclusion that the agreement was procedurally unacceptable). By finding here an unacceptable nature on the merits, the majority vote opens the doors to claims of non-scruples in arbitration proceedings when a unilateral clause is invoked, irrespective of the arbitration agreement as a whole and the employment contract as a whole.   However, the U.S. Supreme Court has clarified that work reconciliation agreements are applicable, with the exception of those that cover transportation workers.   Circuit City Stores, Inc. Adams, 532 USA