unconscionability doctrine (Maryland) · Go Syfert
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unconscionability doctrine in Maryland

7 Maryland opinions name it 2 courts 1986–2022 1 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Goshorn v. Goshorngreen
mdctspecapp · 2003 · cited in 1 Maryland opinions naming this issue, 2020–2020
1 sentence

2020“Mathematical disparity is only the starting point for an unconscionability analysis.” Goshorn v. Goshorn, 154 Md.

11
Martin v. Farbergreen
mdctspecapp · 1986 · cited in 1 Maryland opinions naming this issue, 2005–2005
2 sentences

2005See Martin v. Father, 68 Md.App. at 144-45 , 510 A.2d at 611 (holding agreement valid after determining trial court incorrectly applied doctrine of unconscionability).

2005See Martin v. Father, 68 Md.App. at 144-45 , 510 A.2d at 611 (holding agreement valid after determining trial court incorrectly applied doctrine of unconscionability).

11
Dreyer v. Dreyergreen
orctapp · 1980 · cited in 1 Maryland opinions naming this issue, 1986–1986
2 sentences

1986See, e.g., Dreyer v. Dreyer, 48 Or.App. 801 , 617 P.2d 955 (1980) (court set aside deed entered into by the parties in connection with their divorce, applying unconscionability concept).

1986See, e.g., Dreyer v. Dreyer, 48 Or.App. 801 , 617 P.2d 955 (1980) (court set aside deed entered into by the parties in connection with their divorce, applying unconscionability concept).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hale v. Hale green
mdctspecapp · 1988
1 sentence

2022App. 555, 561 (1988) (an unconscionability analysis requires assessment of the assets passing to the parties under a separation agreement).6 At the time 6 It is argued by Ms. Niceta, citing Hale, supra, that we consider only those assets divided pursuant to the Agreement.

12022–2022
Holloman v. Circuit City Stores, Inc. green
md · 2006
1 sentence

2007“The prevailing view is that [procedural and substantive unconscionability] must both be present in order for a court to exercise its discretion to refuse to enforce a contract or clause under the doctrine of unconscionability.” Id. (internal cite omitted).

12007–2007
Stirlen v. Supercuts, Inc. green
calctapp · 1997
2 sentences

2006“The prevailing view is that [procedural and substantive unconscionability] must both be present in order for a court to exercise its discretion to refuse to enforce a contract or clause under the doctrine of unconscionability.” Armendariz, 99 Cal.Rptr.2d 745 , 6 P.3d at 690 , quoting Stirlen v. Supercuts, Inc., 51 Cal.App.4th at 1533, 60 Cal.Rptr.2d 138 .

2006"The prevailing view is that [procedural and substantive unconscionability] must both be present in order for a court to exercise its discretion to refuse to enforce a contract or clause under the doctrine of unconscionability." Armendariz, 99 Cal. Rptr.2d 745 , 6 P.3d at 690 , quoting Stirlen v. Supercuts, Inc., 51 Cal.App.4th at 1533, 60 Cal.Rptr.2d 138 .

12006–2006
Armendariz v. Found. Health Psychcare Servs., Inc. green
cal · 2000
2 sentences

2006"The prevailing view is that [procedural and substantive unconscionability] must both be present in order for a court to exercise its discretion to refuse to enforce a contract or clause under the doctrine of unconscionability." Armendariz, 99 Cal. Rptr.2d 745 , 6 P.3d at 690 , quoting Stirlen v. Supercuts, Inc., 51 Cal.App.4th at 1533, 60 Cal.Rptr.2d 138 .

2006"The prevailing view is that [procedural and substantive unconscionability] must both be present in order for a court to exercise its discretion to refuse to enforce a contract or clause under the doctrine of unconscionability." Armendariz, 99 Cal. Rptr.2d 745 , 6 P.3d at 690 , quoting Stirlen v. Supercuts, Inc., 51 Cal.App.4th at 1533, 60 Cal.Rptr.2d 138 .

12006–2006
Ex Parte McNaughton green
ala · 1998
2 sentences

2003The Court rejected McNaughton's contention that the arbitration agreement was unenforceable for lack of mutuality of obligation, as well as his argument that the language of the Arbitration Policy rendered it "void under the doctrine of unconscionability/mutuality of remedy." Id. at 596 .

2003The Court rejected McNaughton’s contention that the arbitration agreement was unenforceable for lack of mutuality of obligation, as well as his argument that the language of the Arbitration Policy rendered it “void under the doctrine of unconscionability/mutuality of remedy.” Id. at 596 .

12003–2003

Where else courts name it

CA 247 (1982–2026) NY 28 (1973–2023) TX 27 (1995–2026) OH 15 (1989–2026) WA 15 (1990–2023) NM 14 (2011–2024) WV 14 (1998–2025) PA 14 (1978–2023) NJ 13 (1976–2026) IL 12 (1979–2025) FL 11 (1988–2017) CT 11 (1979–2022) AL 10 (1977–2004) SC 8 (2007–2023) CO 7 (1976–2011) MD 7 (1986–2022) NC 7 (2007–2020) VA 7 (2009–2026) IA 7 (1979–2023) UT 7 (1998–2024) WI 7 (1983–2025) AZ 6 (1984–2019) MO 6 (1979–2017) DC 6 (1971–2021) MA 5 (1994–2024) OR 5 (1987–2014) DE 5 (1978–2025) TN 5 (2009–2020) MS 4 (2000–2018) ID 4 (1988–2022) MI 4 (1976–2023) KY 4 (2008–2023) KS 4 (1982–2006) SD 3 (1994–1997) MT 2 (2013–2016) IN 2 (2001–2017) ND 2 (1974–2019) MN 2 (1986–1987)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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