Medical Software Maker’s Lopsided Arbitration Clause Gets Voided

Modernizing Medicine Inc. failed to shift an account executive’s bias lawsuit to arbitration, because the agreement she signed was too one-sided and indefinite to be enforceable, a US judge said.

Those unfair terms, together with provisions requiring the former employee but not the company to waive the right to present claims to a jury and requiring her to arbitrate claims against co-workers and ModMed officers but not requiring them to arbitrate with her, made the pact substantively unconscionable, the US District Court for the Southern District of California said. The medical software company didn’t show business reasons justifying the one-sided ...