5th Circuit:  Court, Not Arbitrator Must Decide Unconscionability Challenge

Mealey's (June 21, 2019, 12:59 PM EDT) -- NEW ORLEANS — A federal court in Mississippi erred when it referred a disagreement in an age bias lawsuit over the conscionability of an arbitration agreement’s formation to an arbitrator as Mississippi law dictates that a court must decide, a Fifth Circuit U.S. Court of Appeals panel ruled June 19 (Cathy J. Bowles v. OneMain Financial Group, L.L.C., No. 18-60749, 5th Cir., 2019 U.S. App. LEXIS 18414)....