Firm prevails on appeal denying forced arbitration in laser procedure case

October 13, 2020 – Firm lawyers Nick Carlin and Brian Conlon scored a major victory today for California consumers by convincing an appellate court to affirm a Los Angeles County Superior Court’s decision denying Defendant LaserAway’s petition to compel arbitration of firm client Miranda Swain’s case arising from alleged false advertising and a laser hair removal treatment leaving her burned and scarred. In a carefully-reasoned 24-page opinion, the appellate court agreed with the firm that the arbitration agreement LaserAway claimed Ms. Swain signed was unconscionable and therefore unenforceable. In addition to finding that the purported agreement was a procedurally unconscionable contract of adhesion, the appellate court also found that the contract had a “high degree of substantive unconscionability” because of a one-sided provision allowing LaserAway to litigate some of its claims in court but not allowing consumers to go to court and because it provided that the parties would split the cost of a prohibitively expensive arbitration. The appellate court awarded the firm’s costs on appeal. The case is expected to return to Los Angeles Superior Court shortly.

Update — November 3, 2020 — The court today found that its opinion in the matter met the standard for publication under California’s rules of court, and certified its opinion for publication in the official reports. This is the second published appellate decision this year where the firm was successful in defeating an attempt to force a consumer or worker into arbitration against their wishes.