Los Angeles Federal Court Invalidates Cigna’s Arbitration Agreement, opening court jury trials to thousands of aggrieved employees
Attorneys for plaintiff
Defendant Cigna attempted to avoid the California Court’s jurisdiction and take away Ms. Macias’ Constitutional right to a jury trial by invoking its nationwide arbitration agreement that was found by the Court to be substantively and procedurally unconscionable. Among other things, Cigna’s arbitration agreement: prevents an aggrieved employee from taking the deposition of a Cigna employee who certifies that they have no personal knowledge of the dispute, provides the arbitrator with no ability to determine the credibility of the employee’s certifications, forbade employees from filing charges of discrimination with any governmental agency to eliminate any public record of a possible pattern of discrimination, and effectively prevented access to its complex 14 pages of rules and procedures of arbitration from both prospective employees and terminated employees.
The Court’s complete Order invalidating the arbitration agreement is available here.
Ms. Macia’s attorney,
“The agreement was riddled with defects that modern courts of appeal have identified as unenforceable,”
“Cigna’s arbitration agreement was intentionally designed to defeat claims of discrimination before an aggrieved employee even starts the arbitration process,” continued
The Court’s ruling affects thousands of past and present Cigna employees in