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GABRIEL v. ISLAND PACIFIC ACADEMY, INC.

SCAP-15-0000912.

400 P.3d 526 (2017)

Laura GABRIEL, Plaintiff/Appellant-Cross-Appellee, v. ISLAND PACIFIC ACADEMY, INC., a domestic nonprofit corporation; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Unincorporated Organizations 1-10; and Doe Governmental Agencies 1-10, Defendants/Appellees-Cross-Appellants.

Supreme Court of Hawai`i.

June 13, 2017.

Attorney(s) appearing for the Case

Joseph T. Rosenbaum , Honolulu, for plaintiff/appellant-cross-appellee.

Jeffrey S. Harris , Honolulu, for defendant/appellee-cross-appellant

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

I. Introduction

At issue in this case is whether it is unconscionable to require an employee to pay half the estimated arbitration costs up front in order to access the arbitral forum. We hold that, under the circumstances of this case, such a requirement is unconscionable and unenforceable. We further...

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