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· 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 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.