· 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
Read full opinion on CourtListenerSourced 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.