Maryann Spinetti v. Service Corporation International and Service Corporation International of Pennsylvania D/B/A Lafayette Memorial Park

How courts have described this case

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

• holding that unconscionable fee-splitting and attorney fees provisions could be severed from the agreement even in the absence of a severability clause
• holding that an arbitration clause was unenforceable where the plaintiff presented evidence of her salary and the expected costs of arbitration
• concluding that “ ‘reviewing courts should not consider after-the-fact offers’ ” to pay a plaintiffs share of arbitration costs “ ‘where the agreement itself provides that the plaintiff is liable, at least potentially, for arbitration fees and costs’ ”
• holding that two unconscionable provisions requiring the employer and the employee pay their own attorney’s fees and share the costs of arbitration were severable because “[y]ou don’t cut down the trunk of a tree because some of its branches are sickly”
• rejecting that the defendant’s “after-the-fact” offer to pay for arbitration cured the ineffective vindication concerns
• relying on Gannon v. Circuit City Stores, Inc., 262 F.3d 677, 682 (8th Cir. 2001)

Source: CourtListener parenthetical corpus (CC0).