Legal Opinion

Bob Schultz Motors, Inc., a Missouri Corporation v. Kawasaki Motors Corporation, U.S.A., a Delaware Corporation

Court of Appeals for the Eighth Circuit

Decided August 13, 2003No. 02-2323PublishedCited by 17 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

This dispute between a motorcycle dealer, Bob Schultz Motors (Schultz), and its distributor, Kawasaki, was submitted to arbitration pursuant to the “Dealer Sales and Service Agreement” that governed the parties’ relationship. The arbitrator ruled in favor of Kawasaki on all counts. However, following a hearing on costs and attorney fees allowed under the arbitration provision, the arbitrator ruled that the last sentence in the arbitration provision, which awarded costs and fees to the prevailing party, was unconscionable, was a contract of adhesion, and was therefore…

2Cases cited17 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  4. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  5. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987

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3Cited by17 opinions

  1. Jonah P. Anders, and All Others Similarly Situated v. Hometown Mortgage Services, Inc., Mortgage Brokers Group of TuscaloosaCourt of Appeals for the Eleventh Circuit · 2003
  2. Shotts v. OP Winter Haven, Inc.Supreme Court of Florida · 2011
  3. Glenn A. Hawkins and Nedra J. Hawkins v. Aid Association for Lutherans, Aid Association for Lutherans v. Martin F. RadmerCourt of Appeals for the Seventh Circuit · 2003
  4. Swain v. Auto Services, Inc.Missouri Court of Appeals · 2003
  5. MedCam, Inc. v. MCNCCourt of Appeals for the Eighth Circuit · 2005

12 more not listed; retrieve them via the Exa API.

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