Delta Funding Corp. v. Harris

To the extent that the majority opinion strikes down certain provisions of the arbitration agreement as unconscionable, I concur. However, I disagree with the majority’s conclusions regarding certain other provisions and would find them unconscionable. Additionally, even if I were to accept the majority’s conclusions regarding the individual provisions, I nonetheless believe that the objectionable provisions cannot be severed from the agreement and that the agreement as a whole should be held cumulatively unconscionable. For those reasons, I respectfully dissent.

I

As Justice LaVecchia notes,…