Hwang v. Pathway LaGrange Property Owners, LLC

Plaintiff filed a lawsuit alleging violations of the Nursing Home Care Act, negligence, and premises liability. The defendant filed a motion to dismiss and compel arbitration based on a services agreement the plaintiff entered into, which included an arbitration agreement. The trial court denied the motion and defendant appealed. The appellate court affirmed, explaining that where a “mutually binding” arbitration clause is so one-sided that the mutuality is illusory the contract is substantively unconscionable and unenforceable. (HYMAN and C.A. WALKER, concurring)