ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S067992
CA Number:
A159509
Case Title:
Jeff Gist v. Zoan Management, Inc.
Date:
05/04/2021
Time:
09:00 AM
Location:
Via Video Case 2
Attorneys:
David A. Schuck and Lisa T. Hunt on behalf of Jeff Gist
Charles J. Paternoster on behalf of Driver Resources, LLC
Senvoy, LLC
and Zoan Management, Inc.
Comments:
Statement of Issues:
(1) Must a court limit determinations of arbitrability to the issue of whether the arbitration provisions of the contract are unconscionable, and instead leave for arbitrators to consider whether the provisions are, by their terms, inseverable from a contract alleged to be illegal, void, and unenforceable as a matter of law?

(2) Does this court's analysis in Bagley v. Mt. Bachelor, Inc., 356 Or 543, 340 P3d 27 (2014) apply and inform a conclusion that the arbitration provisions were procedurally unconscionable, based on a claimed disparity in the parties' bargaining power and the contract's offer on a "take-it-or-leave-it" basis as a condition of employment?

(3) Are arbitration provisions substantively unconscionable if they expressly contravene Oregon's wage and hour law and impose costs "significantly larger than the cost of a trial" in a putative class action?

These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit Briefs67992BRMR.pdf67992BRMR.pdf67992BRMP.pdf67992BRMP.pdf67992BRAC.pdf67992BRAC.pdf


Last Revised: 04/14/2021