· 12/11/1998
Arnold v. United Companies Lending Corp.
Citations
- 511 S.E.2d 854
- 204 W. Va. 229
- 1998 W. Va. LEXIS 220
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding unconscionable and unenforceable a contract provision that waived the borrower’s right to access the courts while preserving the lender’s right to obtain relief in a judicial forum
- finding that an agreement was unconscionable due, in part, to “[t]he relative positions of the parties, a . national corporate lender on one side and elderly, unsophisticated consumers on. the other” and where the plaintiffs had fifth and eighth-grade educations
- invalidating an arbitration agreement waiving the borrower's access to court, but preserving the lender’s right thereto
- arbitration provision in consumer loan transaction waiving consumer's right to judicial redress but preserving the lender's right, held unconscionable, void, and unenforceable as matter of law
- arbitration provision in consumer loan transaction waiving consumer’s right to judicial redress but preserving the lender’s right, held unconscionable, void, and unenforceable as matter of law
- arbitration provision in consumer loan transaction waiving consumer’s right to judicial redress but preserving the lender’s right, held unconscionable, void, and unenforceable as matter of law
Source: CourtListener parenthetical corpus (CC0).
Judges: McCuskey, Davis, Workman, Starcher, Maynard, McGraw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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