Discover Bank v. Superior Court
Discover Bank v. Superior Court (30 Cal.Rptr.3d 76) is a 2005 case where the California Supreme Court ruled that an arbitration clause was unenforceable because a class-action waiver contained within it would exculpate Discover Bank from liability for wrongdoing involving small sums of damages.
| Discover Bank v. Superior Court | |
|---|---|
Supreme Court of California | |
| Decided June 27, 2005 | |
| Full case name | Discover Bank v. Superior Court of Los Angeles; Christopher Boehr, Real Party in Interest |
| Citation(s) | 36 Cal. 4th 148, 113 P.3d 1100 |
| Holding | |
| An arbitration agreement with a class-action waiver was unenforceable on the grounds of unconscionability | |
| Court membership | |
| Chief Justice | Ronald M. George |
| Associate Justices | Marvin R. Baxter, Janice Rogers Brown, Ming Chin, Joyce L. Kennard, Carlos R. Moreno, Kathryn Werdegar |
| Case opinions | |
| Majority | Moreno, joined by George, Kennard, Werdegar |
| Concur/dissent | Baxter, joined by Chin, Brown |
| Laws applied | |
| Federal Arbitration Act, California Civil Code ยง1668 | |
Overruled by | |
| AT&T Mobility LLC v. Concepcion | |
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