Legal Opinion

Overstreet v. Contigroup Companies, Inc.

Court of Appeals for the Fifth Circuit

Decided August 23, 2006No. 05-60953PublishedCited by 20 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

INTRODUCTION

Defendants-Appellants Contigroup Companies, Inc. and Wayne Farms, LLC (collectively, “Appellants”) appeal the district court’s denial of their motion for stay and to compel arbitration. The court denied the motion after concluding that the arbitration clause in the parties’ governing contract was unconscionable as it applied to Plaintiff-Appellee Gertrude Overstreet (“Appellee”). For two separate reasons, we REVERSE and REMAND the case to the district court with instructions.

FACTUAL BACKGROUND

For twenty-seven years, Appellee was a chicken farmer in…

2Cases cited9 opinions

  1. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  2. Banc One Acceptance Corp. v. HillCourt of Appeals for the Fifth Circuit · 2004
  3. Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc.Court of Appeals of Georgia · 1997
  4. Results Oriented, Inc. v. CrawfordCourt of Appeals of Georgia · 2000
  5. American Heritage Life Insurance Company v. Ellis B. LangCourt of Appeals for the First Circuit · 2003

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3Cited by20 opinions

  1. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  2. Gay v. CreditInformCourt of Appeals for the Third Circuit · 2007
  3. Edwards v. Doordash, Inc.Court of Appeals for the Fifth Circuit · 2018
  4. Polyflow v. Spclt RTPCourt of Appeals for the Fifth Circuit · 2021
  5. United States Ex Rel. Cassaday v. KBR, Inc.District Court, S.D. Texas · 2008

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