Parsons v. John Wieland Homes & Neighborhoods of the Carolinas, Inc.

JUSTICE HEARN:

With great respect, I concur in result with the majority. However, I write separately to concur in part and dissent in part from both the majority opinion and the dissent.

I agree with the majority that the scope of the arbitration clause covers the claims against JWH. However, I also agree with the dissent that the outrageous and unforeseeable torts exception remains a viable principle of law after Concepcion,8 because it embodies a generally applicable contract principle: effectuating the intent of the parties. In my opinion, abolishing the “exception”—allegedly applicable only…