Glassford v. BrickKicker and GDM Home Services, Inc.

Burgess, J.,

¶ 36. concurring and dissenting. Certainly BrickKicker’s one-sided and practically impossible arbitration clause is as unenforceable as its self-defeating terms were undisclosed and unconscionable. This clause is so ridiculously unfair that it defies reformation and should be simply foreclosed, entitling plaintiffs to pursue, and BrickKicker to respond to, traditional civil remedies. There is no basis upon which to reform the clause, since the parties have no other underlying agreement. “Vermont law and public policy strongly favor arbitration as an alternative to litigation for…