Tiri v. Lucky Chances, Inc.

How courts have described this case

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

• finding clear and unmistakable intent to delegate, but also finding procedural unconscionability where plaintiff was \an unsophisticated party who was presented\ with an arbitration agreement containing a delegation clause
• \For the same reasons that we conclude the delegation clause is part of a contract of adhesion ... [it] is procedurally unconscionable.\
• “For the same reasons that we conclude the delegation clause is part of a contract 8 of adhesion . . . [it] is procedurally unconscionable.”
• “There are two prerequisites for a delegation clause to be effective. First, the language of the clause must be clear and unmistakable. Second, the delegation must not be revocable under state contract defenses such as fraud, duress, or unconscionability”
• “We conclude that ... the permitted amount of discovery is so low while the burden for showing a need for more discovery is so high that plaintiffs ability to prove her claims would be unlawfully thwarted by the discovery provision in the agreement.”

Source: CourtListener parenthetical corpus (CC0).