Kilgore v. KeyBank, National Ass'n

How courts have described this case

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

• rejecting plaintiff’s procedural unconscionability argument because “[t]he 28 arbitration agreement is not buried within the document; it is conspicuous and appears in 1 its own section of the Note”
• finding no procedural unconscionability because there was a 60-day opt-out provision
• “Concepcion did not overthrow the common law contract defense of unconscionability whenever an arbitration agreement is involved.”
• an arbitration clause is not procedurally unconscionable when it appears in its own section of the contract and plainly states, more than once, the rights the person is giving up
• “Rather, the Court reaffirmed that the savings clause preserves generally applicable contract defenses such as unconscionability, so long as those doctrines are not ‘applied in a fashion that disfavors arbitration.’ ”
• “The federal case must be stayed while the parties proceed to arbitration.”

Source: CourtListener parenthetical corpus (CC0).