Ferguson v. Countrywide
|Ferguson v. Countrywide|
|Citation||298 F.3d 778|
|Date decided||July 23, 2002|
- Ms. Ferguson = plaintiff = "Ferguson" = employee
- Countrywide Credit Industries, Inc. = "Countrywide" = employer = Bank of America's mortgage unit as of 2024
- Countrywide hired Ferguson who signed a required arbitration agreement.
Ferguson sued Countrywide & her supervisor for sexual harassment, retaliation, & hostile-work environment.
Countrywide petitioned the court to compel arbitration.The district court found the arbitration clause (which precluded jury, for example) to be un-conscionable. Thus, Countrywide lost.
May a contractual provision be both a
Yes. A contractual provision may be un-enforceable only if it's both
- procedurally &
- substantively unconscionable.
Holding was in favor of Ferguson.
Judge Pregerson: Procedural un-conscionability focuses on 2 factors:
- oppression &