Circuit City Stores, Inc. v. Gentry

Case Updates

NCLC urged the High Court to review a Ninth Circuit decision that refused to enforce a pre-employment arbitration agreement that included a class action waiver. After Robert Gentry ignored an arbitration agreement by filing a class action lawsuit against Circuit City, the court below refused to enforce the arbitration agreement. The court’s refusal to enforce the agreement is in direct conflict with the language of the Federal Arbitration Act and the Supreme Court’s decision in Perry v. Thomas. NCLC also argued that the court’s unconscionability analysis is hostile toward arbitration and conflicts with prior Supreme Court precedent.