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· 2/21/2012

Olympus Managed Health Care, Inc. v. American Housecall Physicians, Inc.

Citations

  • 853 F. Supp. 2d 559
  • 2012 WL 548519
  • 2012 U.S. Dist. LEXIS 21704

How courts have described this case

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

  • finding no authority to suggest that the rules and procedures governing arbitration are essential terms
  • noting an absence of authority holding that the rules and procedures governing arbitration are essential terms
  • also relying on Aviall to compel arbitration over objections that the NFL commissioner’s inherent bias rendered the arbitration agreement unconscionable
  • where “[m]ere inequality of bargaining power” was insufficient for the court to find the contract procedurally unconscionable
  • “[P]rocedural and substantive unconscionability operate on a sliding scale; the more questionable the meaningfulness of choice, the less imbalance in a contract's terms should be tolerated and vice versa.” (alteration in original) (quoting David, 979 N.Y.S.2d at 378–79)
  • rejecting challenge to NFL Commissioner as arbitrator

Source: CourtListener parenthetical corpus (CC0).

Judges: Conrad

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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.