Montegari v. Montegari

How courts have described this case

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

• concluding that “[t]he arbitration provision alone is not unconscionable because plaintiff had the opportunity to opt out without any adverse consequences”
• holding that the \arbitration provision is enforceable even though it waives plaintiff's right to bring a class action” and explaining that \[u]nder New York law, ‘a contractual proscription against class actions ... is neither unconscionable nor violative of public policy'.’ ”
• explaining that arbitration provision alone was not unconscionable because plaintiff could opt out without any adverse consequences
• finding that a plaintiff was bound by an arbitration provision “by continuing to use her credit cards . . . even if she did not read it”
• finding that Plaintiff consented to arbitration provision in credit card agreement by continuing to use credit cards at issue, even if she had not read the arbitration provision
• enforcing class action waiver because, “[u]nder New York law, a contractual proscription against class actions is neither unconscionable nor violative of public policy”

Source: CourtListener parenthetical corpus (CC0).