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CIVIL - arbitration agreement; procedurally unconscionable; substantively unconscionable; survivorship claim; wrongful death claim; adhesion contract; nursing home; pre-dispute arbitration agreement.
.... The Concepcion's contract with AT&T provided for mandatory arbitration of al... is found in a consumer contract of adhesion in a setting in which disputes between the parties...
Summary judgment; rules of construction and interpretaion; contract of adhesion; ambiguous/undefined terms.
The 4th Circuit held that an adhesion contract requiring employees to arbitrate statutory claims was not made unenforceable under West Virginia law simply because employees had given up their right to a jury trial in state court. To prove unconscionability making the clause unenforceable requires proof that the arbitration clause limited the employees' rights to recover under state law. However, the court held that an individual required to arbitrate statutory claims does not lose the right to recovery under the state law but rather substitutes a judicial forum for an arbitral one.
Arbitration clause; procedural and substantive unconscionability; adhesion contract.
summary judgment; Civ.R. 56(F); denial of summary judgment subject to reconsideration because not final order; water association; adhesion contract; users agreement; disconnection of water service
... the use of arbitration in employment contracts, long-term care facility admission contracts and o... can be helpful in resolving issues, but adhesion contracts cause me a problem and have since I lear...
... The Concepcion's contract with AT&T provided for mandatory arbitration of al... is found in a consumer contract of adhesion in a setting in which disputes between the parties...
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