In Gist v. Zoan Management, No. S064925, the Oregon Supreme Court clarifies the circumstances under which a party can appeal from a judgment of voluntary dismissal. More than 50 years ago, the Oregon Supreme Court held that “a party may not appeal from a judgment which he voluntarily requested.” Steenson v. Robinson, 236 Or 414, 416-17 (1963). Now, in Gist, the court announces that the Steenson rule does not apply if the judgment was a voluntary dismissal with prejudice.
Continue Reading Oregon Supreme Court Allows Appeal from Voluntary Dismissal with Prejudice
Arbitration
Washington Supreme Court Clarifies that Courts Must Resolve Disputes that go to the Validity of an Arbitration Agreement (e.g., Unconscionability) before Compelling Arbitration
By Skylee Robinson on
Posted in Opinions, Washington Supreme Court
In Hill v. Garda CL NW, Inc., the Washington Supreme Court reiterated that courts have the power and obligation to resolve dsputes going to the validity of arbitration agreements, unless an arbitration agreement clearly and unmistakably provides otherwise. Unconscionability is one such dispute, and the Court ruled that an arbitration agreement severely limiting the rights of employees was unconscionable.