· 8/15/1828
La Farge v. Carrier
Citations
- 1 Wend. 89
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Concepcion does not go so far as to preempt state law on unconscionability
- providing that the party opposing enforcement of an arbitration agreement has the burden of establishing that the agreement is unenforceable
- “Defendants appear to argue that AT & T essentially preempts all California law relating to uneonscionability. We disagree, as the case simply does not go that far.”
- “Insurers are not required to sit beside a policy holder and force them to read (and ask if they understand) every provision in an insurance policy.”
- “As a general rule, only a party to an arbitration agreement may enforce it.”
- a “fundamental provision” regarding arbitration was not substantively unconscionable under California law
Source: CourtListener parenthetical corpus (CC0).
Judges: Savage
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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