Archive | Unconscionability

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Global Client Solutions, LLC v. Ossello

Global Client Solutions, LLC v. Ossello, 2016 MT 50 (March 2, 2016) (McGrath C.J.; Wheat, J., concurring; McKinnon, J., dissenting) (5-2, aff’d)

Issue: (1) Whether the district court erred in reserving to itself the determination of arbitrability; and (2) whether the district court erred in determining that the arbitration provision was unconscionable and therefore not enforceable.

Short Answer: (1) No; and (2) no.

Denial of motion to dismiss and to compel arbitration affirmed

Facts: Ossello had more than $40,000 in unsecured debt in 2012 when she received an unsolicited mailing from World Law, advertising that it could provide debt relief services. Ossello called and spoke to a sale agent. Ossello and the agent reviewed several form agreements, which Ossello electronically signed, including a Client Services Agreement with World Law and a Dedicated Account Agreement (DAA) with Global Client Solutions.…

Marriage of Anderson

Marriage of Anderson, 2013 MT 238 (Aug. 20, 2013) (5-0) (Morris, J.)

Issue: (1) Whether the district court abused its discretion in denying Viola’s Rule 59(e) and 60(b) motions, and (2) whether the district court abused its discretion in determining that the property settlement agreement was valid without a disclosure of assets.

Short Answer: (1) No, and (2) no.

Affirmed

Fisher v. State Farm

Fisher v. State Farm, 2013 MT 208 (July 30, 2013) (7-0) (Rice, J.)

Issue: Whether the district court properly granted summary judgment to the plaintiffs on the basis that the family member exclusion in the plaintiffs’ umbrella policy was unconscionable.

Short Answer: No. A household exclusion in an umbrella policy does not violate Montana public policy, and the plaintiffs did not meet their burden of proving unconscionability.

Reversed