Rahme

INTRODUCTION

Plaintiff George Rahme sued his former employer, The Bicycle Casino (TBC), for discrimination, retaliation, and wrongful termination. TBC moved to compel arbitration based on two arbitration agreements: one signed in 2001, and one signed in 2018. Rahme opposed TBC’s motion, contending that the 2018 agreement was unconscionable. The trial court agreed with Rahme. The court also rejected TBC’s alternative argument that if the 2018 agreement were deemed unenforceable, the 2001 agreement should control. The court therefore denied TBC’s motion. TBC appealed. It asserts that the evidence does not support a finding of either procedural or substantive unconscionability. TBC also argues that if the 2018 agreement is deemed unenforceable, the 2001 agreement nevertheless compels arbitration. We find that the 2018 agreement is unconscionable and unenforceable. We also find no abuse of discretion in the court’s conclusion that TBC forfeited its argument about the 2001 agreement by failing to assert it until its supplemental briefing. We further find no support for TBC’s argument that the 2001 agreement is enforceable under these circumstances. We therefore affirm.

FACTUAL AND…