Skip to main content
· 3/1/2010

Thrasher v. Unknown Prison Official

Citations

  • 176 L. Ed. 2d 194
  • 2010 U.S. LEXIS 2193
  • 130 S. Ct. 1705
  • 559 U.S. 980

How courts have described this case

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

  • stating that \Ohio courts recognize a 'presumption favoring arbitration' that arises 'when the claim in dispute falls within the scope of the arbitration provision' \
  • finding that unconscionability is a defense to enforcement of an arbitration agreement
  • holding an arbitration clause valid where there was no evidence that the signatories “were hurried through [the] signature process” and the clause “appeared in standard, rather than fine, print and was not hidden”
  • finding no procedural uneonscionability, even though the contract was pre-printed and the arbitration provision was offered on take-it-or-leave-it basis, where provision “appeared in standard, rather than fine, print and was not hidden”
  • “[E]ven a contract of adhesion is not in all instances unconscionable per se,” as standardized contracts “can provide advantages to consumers.”
  • contract interpretation, a question of law, is reviewed de novo, “[u]nlike determinations of fact which are given great deference”

Source: CourtListener parenthetical corpus (CC0).

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.