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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.