Swain v. Auto Services, Inc.

How courts have described this case

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

• stating that the unenforceability of one provision of an arbitration agreement does not render the entire arbitration agreement invalid
• stating that the unenforce-ability of one provision of an arbitration agreement does not render the entire arbitration agreement invalid
• invalidating as unconscionable an arbitration provision requiring a Missouri consumer to arbitrate in Arkansas
• invalidating as unconscionable an arbitration provision requiring a Missouri consumer to arbitrate in Arkansas
• noting there is nothing “inherently sinister and automatically unenforceable” about an adhesion contract
• finding “an average person would reasonably expect that disputes arising out of an agreement like this [the purchase of a vehicle service plan alongside a vehicle purchase] might have to be resolved in arbitration”

Source: CourtListener parenthetical corpus (CC0).