procedural unconscionability doctrine (Illinois) · Go Syfert
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procedural unconscionability doctrine in Illinois

5 Illinois opinions name it 1 courts 2009–2021 4 in the last five years

The cases below were cited by Illinois 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 (1)

CaseFollowedCited
Kinkel v. Cingular Wireless, LLCgreen
ill · 2006 · cited in 4 Illinois opinions naming this issue, 2009–2021
2 sentences

2021Kinkel v. Cingular Wireless, LLC, 223 Ill. 2d 1, 22 (2006). ¶ 12 The issue in this appeal is whether the arbitration provision upon which MLB and the Cubs rely, which is included in the terms and conditions as set forth on the Cubs’s website or at its administrative office and is summarized on the reverse side of the paper ticket used by the plaintiff, is unenforceable under the doctrine of procedural unconscionability.

2021Kinkel v. Cingular Wireless, LLC, 223 Ill. 2d 1, 22 (2006). ¶ 12 The issue in this appeal is whether the arbitration provision upon which MLB and the Cubs rely, which is included in the terms and conditions as set forth on the Cubs’ website or at its administrative office and is summarized on the reverse side of the paper ticket used by the plaintiff, is unenforceable under the doctrine of procedural unconscionability.

34

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Frank's Maintenance & Engineering, Inc. v. C. A. Rorerts Co. green
illappct · 1980
2 sentences

2021App. 3d at 989-90 ). ¶ 26 One of the procedural unconscionability factors that we find especially important in this case is “ ‘the manner in which the contract was entered into.’ ” Id. (quoting Frank’s Maintenance & Engineering, 86 Ill.

2021App. 3d at 989-90 ). ¶ 26 One of the procedural unconscionability factors that we find especially important in this case is “ ‘the manner in which the contract was entered into.’ ” Id. (quoting Frank’s Maintenance & Engineering, 86 Ill.

32021–2021
Razor v. Hyundai Motor America green
ill · 2006
2 sentences

2021Razor, 222 Ill. 2d at 100-01 .

2021Razor, 222 Ill. 2d at 100-01 .

32021–2021
Tortoriello v. Gerald Nissan of North Aurora, Inc. green
illappct · 2008
2 sentences

2021Id. ¶ 16 The doctrine of procedural unconscionability has been applied by the supreme court to invalidate a clause in a car warranty excluding consequential damages, based on evidence showing that the warranty was printed only in the car’s owner manual located inside the car’s glovebox and unavailable to the plaintiff until after she signed the purchase contract for the car.

2021Id. ¶ 16 The doctrine of procedural unconscionability has been applied by the supreme court to invalidate a clause in a car warranty excluding consequential damages, based on evidence showing that the warranty was printed only in the car’s owner manual located inside the car’s glovebox and unavailable to the plaintiff until after she signed the purchase contract for the car.

32021–2021
Zuniga v. Major League Baseball green
illappct · 2021
1 sentence

2021The plaintiff argued that he had never given Green or anyone else at the Associated Press permission to agree to an arbitration provision on his behalf and that a non-signatory to a contract could not be bound to an arbitration clause he or she has not agreed to. ¶ 10 Alternatively, citing this court’s decision in Zuniga v. Major League Baseball, 2021 IL App (1st) 201264 , the plaintiff argued that even if a contract had been formed in the manner as argued by the Cubs, the arbitration provision was unenforceable under the doctrine of procedural unconscionability.

12021–2021

Statutes the citing opinions construe

USC § 9u.s.c.1-16 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 38 (2009–2026) WA 7 (1994–2015) TX 5 (2007–2019) IL 5 (2009–2021) IA 3 (2008–2020) NV 2 (2018–2018)

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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