Federal Court Refuses to Enforce Western Sky Arbitration Provision

Yet another decision captioned Parnell v. CashCall/Western Sky Financial (N.D. Ga.):

54-1 Motion to Compel Arbitration

63 Opposition

68 Reply

70 DCT Order

An excerpt:

Based on the foregoing reasons, the Court declines to enforce the delegation provision and the arbitration provision in the Parnell Loan Agreement. The arbitral forum is unavailable, and the provisions themselves are unconscionable. The Court therefore denies Defendant’s Motion to Compel.

 

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