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Ferguson v. Countrywide Credit Industries, Inc.

United States Court of Appeals for the Ninth Circuit
298 F.3d 778 (9th Cir. 2002)


Facts

Ferguson (plaintiff) sued her employer for sexual harassment, retaliation, and hostile work environment under federal and state law. Countrywide Credit Industries, Inc. (Countrywide) (defendant), her employer, petitioned the court to compel arbitration pursuant to a clause in the Conditions of Employment that Ferguson signed. The clause stated “I understand that in order to work at Countrywide I must execute an arbitration agreement.” The trial court concluded that the arbitration was unconscionable and thus unenforceable, and it consequently denied Countrywide’s petition to compel arbitration. Countrywide appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Pregerson, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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