Cynthia Lee v. Fairfax County School Board et al.

Question Presented

1.  Whether the Court should establish a uniform standard to determine the point at which large arbitration costs unconscionably hinder private litigants from vindicating their rights in order to settle the three-way split that has developed among federal circuit courts since the Court’s decision in Green Tree Fin. Corp.-Alabama v. Randolph, 531 U.S. 79 (2000)?

2.  Whether mandatory arbitration agreements, in which government employers compel employees to forego judicial forums as a condition of employment, amount to a violation of the fundamental substantive due process right to access to the judicial system, or, at the very least, whether government-mandated arbitration agreements should be subject to a higher standard of review than the unconscionability standard the Court announced in Green Tree Fin. Corp.-Alabama v. Randolph as being applicable to private arbitration agreements?

3.  Whether a mandatory arbitration agreement is per se unconscionable under Green Tree Fin. Corp.-Alabama v. Randolph, 531 U.S. 79 (2000) when it fails to provide mutual appeal rights to the parties?

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