Legal Opinion

Motsinger v. Lithia Rose-FT, Inc.

Court of Appeals of Oregon

Decided April 4, 2007No. 04CV2574CC; A128192PublishedCited by 33 opinions

1Opinion of the CourtEdmonds, P. J.

This case involves an interlocutory appeal from the trial court’s denial of defendant’s petition to abate the proceeding below pending arbitration. The trial court ruled that the arbitration clause contained in plaintiffs employment contract with defendant is unenforceable because it constitutes an unconscionable contract of adhesion. On appeal, defendant argues that the trial court erred in ruling that the arbitration clause was unconscionable. We agree and therefore reverse and remand.

The relevant facts are brief and undisputed. Plaintiff was employed by defendant as a part-time…

2Cases cited29 opinions

  1. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  2. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  3. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  4. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  5. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006

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

3Cited by33 opinions

  1. Chalk v. T-MOBILE USA, INC.Court of Appeals for the Ninth Circuit · 2009
  2. Gonski v. Second Judicial District Court Ex Rel. County of WashoeNevada Supreme Court · 2010
  3. Livingston v. METROPOLITAN PEDIATRICS, LLCCourt of Appeals of Oregon · 2010
  4. Romney v. Franciscan Medical GroupCourt of Appeals of Washington · 2015
  5. Hatkoff v. Portland Adventist Medical CenterCourt of Appeals of Oregon · 2012

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