Thursday, August 2, 2012

Judge King Reversed Again on Checking Overdraft Arbitration Provision!


Judge King isn't having too much luck before the 11th Circuit on these bank arbitration provisions.

Here's another reversal, this time involving BB&T and North Carolina law:
We affirm the district court’s determination that the unconscionable cost and-fee-shifting provision forms a part of the arbitration agreement, and reverse the district court’s refusal to sever unconscionable sentence. We also reverse the district court’s determination that the set-off provision is unconscionable. Therefore, we reverse the district court’s dismissal of BB&T’s motion and remand it with instructions to sever the unconscionable clause and compel arbitration.
I guess it's all up to Senator Franken to get his Arbitration Fairness Act passed (don't hold your breath).

6 comments:

  1. No hope of passage this session.

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  2. And the lamb lies down...

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  3. @ Godwhacker 8:48

    ...with the flock.

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  4. Great picture, SFL. The difference between what would be a mediocre post (J. King gets reversed again ... what's new?), to what provided a good chuckle.

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  5. No hope of passage this session.

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  6. We also reverse the district court’s determination that the set-off provision is unconscionable. Best Lawyers

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