Legal Opinion · Dissent

Joyce Green v. U.S. Cash Advance Illinois

Court of Appeals for the Seventh Circuit

Decided July 30, 2013No. 13-1262Published

1DissentHamilton, Circuit Judge

Despite the surface simplicity of its logic, the majority has actually made an extraordinary effort to rescue the payday lender-defendant from its own folly, or perhaps its own fraud. Because the district court correctly denied the motion to compel arbitration, I respectfully dissent.

Arbitration is at bottom a matter of contract. E.g., American Express Co. v. Italian Colors Restaurant, — U.S.-, 133 S.Ct. 2304, 2309, 186 L.Ed.2d 417 (2013); Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63, -, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010). The Supreme Court has instructed that “the FAA’s…

2Cases cited17 opinions

  1. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  2. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  3. Rent-A-Center, West, Inc. v. JacksonSupreme Court of the United States · 2010
  4. American Express Co. v. Italian Colors RestaurantSupreme Court of the United States · 2013
  5. Oxford Health Plans LLC v. SutterSupreme Court of the United States · 2013

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