finding that an arbitration provision can be invalid in situations of unconscionable contract provisions or contracts of adhesion
How later courts described this case
- finding that an arbitration provision can be invalid in situations of unconscionable contract provisions or contracts of adhesion
- observing that “the burden of proving excessive costs is upon the party challenging the arbitration provision.”
- employment agreement was customized to re-fleet plaintiffs unique circumstances
Written by the judges who cited it.
The opinion
McGRAW, Justice,
dissenting.
(Filed July 21, 2004)
I dissent from the majority because, in my view, it presumes that Petitioner is well-schooled in the area of contract negotiations simply because he “was an experienced anchor and reporter” who “was given the opportunity to examine the agreement at home and modifications were made after his overnight review.” Petitioner’s particularized knowledge and expertise in the field of broadcasting is one thing; however, absent any evidence to the contrary, the majority’s conclusion that Petitioner was equally experienced and sophisticated in the law is too great a leap. For this reason, I respectfully dissent.