Party Yards, Inc. v. Templeton

How courts have described this case

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

• indicating a concern with submitting a claim that a contract is void for illegality to arbitration because it “could breathe life into a contract that not only violates state law, but also is criminal in nature”
• indicating a concern with submitting a claim that a contract is void for illegality to arbitration because it “could breathe life into a contract that not only violates state law, but also is criminal in nature”
• 'In usury cases, courts look to substance over form because the purpose of usury statute is to protect the needy borrower by penalizing the unconscionable lender.'
• “A claim that a contract is illegal … is not a matter which can be determined by an arbitrator. An arbitrator cannot order a party to perform an illegal act.”
• “A claim that a contract is illegal and, as in this case, criminal in nature, is not a matter which can be determined by an arbitrator. An arbitrator cannot order a party to perform an illegal act.”

Source: CourtListener parenthetical corpus (CC0).