· 6/13/2002
State Ex Rel. Dunlap v. Berger
Citations
- 567 S.E.2d 265
- 211 W. Va. 549
- 2002 W. Va. LEXIS 80
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an arbitration agreement which prohibited punitive damages was unenforceable as against public policy
- holding prohibitions on punitive damages and class action relief that would be the result of the application of a purchase and finance agreement are clearly unconscionable
- holding prohibitions on punitive damages and class action relief that would be the result of the application of a purchase and finance agreement are clearly unconscionable
- stating that “‘a rule automatically invalidating adhesion contracts would be completely unworkable’”
- acknowledging \complex issues of federalism” and stating that \we ... give no weight to Mr. Dunlap’s state constitutional rights to a jury trial in the public court system’’
- prohibitions on punitive damages and class action relief in arbitration agreement rendered application of agreement unconscionable
Source: CourtListener parenthetical corpus (CC0).
Judges: Starcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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