Firm fights off attempt to compel arbitration of client’s claims

November 1, 2018 – Los Angeles County Superior Court Judge Nancy Newman today denied the motion of Laseraway Medical Group to compel arbitration of firm client Miranda Swain’s claims against it arising from what she contends was a botched laser procedure and Laseraway’s misrepresentations regarding its services.  Laseraway relied upon an electronic “click-through” process that requires patients to navigate on an iPad immediately before their treatment.  That process, with pages of boilerplate language, includes the purported arbitration agreement.  Judge Newman found the process as well as three separate provisions of Laseraway’s agreement unfair – including one that exempted Laseraway from the obligation to arbitrate – and refused to enforce it.  Proceedings continue, with a Jan. 27, 2020 trial date set, in the matter.