Gandee v. LDL Freedom Enters., Inc.
The issue before the Supreme Court in this case involved the enforceability of a binding arbitration clause included within a debt adjustment contract. The trial court denied the defendant's motion to compel arbitration, ruling that the motion was untimely and that the binding arbitration clause was unconscionable. Upon review of the trial court record and the clause at issue, the Supreme Court affirmed the trial court's holding that the clause was unconscionable, which then required the Court to decide whether this conclusion as to the validity of the binding arbitration clause is preempted by the Federal Arbitration Act (FAA). Finding no preemption, the Court affirmed. View "Gandee v. LDL Freedom Enters., Inc." on Justia Law