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· 1/7/2005

Rollins, Inc. v. Lighthouse Bay Holdings

Citations

  • 898 So. 2d 86
  • 2005 WL 26638

How courts have described this case

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

  • holding that trial court, rather than arbitrator, may review a limitation of liability where unconscionability is at issue
  • holding that arbitrator must, in the first instance, decide whether arbitration provision is unenforceable because some of its terms limit remedies
  • holding that arbitrator must, in the first instance, decide whether arbitration provision is unenforceable because some of its terms limit remedies
  • concluding plaintiffs claims “should be arbitrated and that the arbitrator should in the first instance decide the validity of the remedial restrictions in the arbitration provision”
  • concluding plaintiff's claims \should be arbitrated and that the arbitrator should in the first instance decide the validity of the remedial restrictions in the arbitration provision\
  • discussing remedial limitations in an arbitration provision and compelling arbitration because the question of the provision's enforceability belonged to the arbitrator, not the court

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly

Read full opinion on CourtListener

Sourced 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.