That Won't Fly

Davis v. Kozak, No. 156234A (D1d3, Aug. 19, 2020) 

The Court of Appeal finds that an arbitration agreement in an employment was unconscionable when it: (1) limited default discovery to only two depositions—no documents, interrogatories, etc.—subject to a showing to the arbitrator of “sufficient cause” to get more; (2) carved out the employer’s claims under a confidentiality and invention agreement from the scope of arbitrability.

Affirmed.