Motsinger v. Lithia Rose-FT, Inc.

How courts have described this case

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

• explaining that unconscionability “overlaps with rules which render particular bargains or terms unenforceable on grounds of public policy” (internal quotation marks omitted)
• reviewing cases and concluding that unilateral arbitration clauses are not ter se invalid for lack of mutuality or consideration.
• “A party is pre- sumed to be familiar with the contents of any document that bears the person’s signature.”
• arbitration agreement not product of deception or compulsion even though presented as a \take-it-or-leave-it\ contract; it is nothing more than a showing of unequal bargaining power
• “[T]he only indicia of procedural unconscionability here is unequal bargaining power. That, however, is not enough to invalidate an arbitration clause on the basis of unconscionability.”
• “Oregon law and the FAA favor arbitra- tion as a means for resolving disputes.”

Source: CourtListener parenthetical corpus (CC0).