The court noted that the Defendants did not provide evidence to show that the family was properly advised as to the applicability and the parameters of arbitration agreement. The court also noted that the arbitration agreement was not conspicuously displayed in the documents.
Given the substantiative unconscionability of the arbitration agreement, the court found that the agreement was unenforceable. As such, the court rejected the Defendant’s efforts to have this case taken out of the litigation and put into an arbitration.
Anyone wishing to review a copy of this detailed Order without any Opinion may click this LINK.
I send thanks to Attorney Thomas J. Foley, III of the Foley Law Firm in Scranton for bringing this decision to my attention.
Source of image: Photo by Alena Darmel on www.pexels.com.
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