Mandatory Arbitration Clause Found Unconscionable and Therefore Unenforceable in Nursing Home Contract
By Albert E. Durkin & Peter W. Buchcar
Bench and Bar,
January 2025
On October 11, 2024, the Illinois First District Appellate Court affirmed the trial court’s decision to deny a Motion to Dismiss and Compel Arbitration, finding that mutually binding arbitration clauses or agreements in adhesion contracts that are so one-sided as to be deemed illusory can be substantively unconscionable and unenforceable, regardless of a severability provision.
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