Bruni v. Didion

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a court must consider a contract formation challenge before compelling arbitration in a dispute involving home buyers, builders, and an HBW warranty
• finding that arbitration provisions in an adhesion contract violated the plaintiffs’ reasonable expectations where the provisions were “unforeseeably broad” and “well beyond a layperson’s reasonable expectations”
• “A court, however, still must consider one type of challenge to the overall contract; a claim that the party resisting arbitration never actually agreed to be bound.”
• “The petitioner bears the burden of proving the existence 1 petition bears the burden of proving by a preponderance of the evidence any fact necessary to its 2 defense.”
• “[C]ourts must ‘apply ordinary state-law 6 principles that govern the formation of contracts.’”
• “The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.”

Source: CourtListener parenthetical corpus (CC0).