Cases

Hanson v. Valley View Nursing & Rehab. Ctr., 2006 Ohio 3815 (Ohio Ct. App. 2006)

Trial court granted motion to stay pending arbitration. Affirmed on appeal. On appeal Plaintiff argued that the agreement was procedurally and substantively unconscionable. Reviewing the facts, the court observed that “[a]n unconscionable contract clause is one in which there is an absence of meaningful choice for the contracting parties, coupled with draconian contract terms unreasonably favorable to the other party.” Procedural unconscionability concerns the formation of the agreement and occurs when there is no voluntary meeting of the minds. Substantive unconscionability goes to the contract terms themselves. Regarding procedural unconscionability, plaintiff argued it was a form contract, the resident had no authority to change its terms, he was not represented by counsel, and he did not realize he was waiving his right to a jury. The court rejected these arguments finding that the agreement was not a condition of admission so he could have rejected the entire agreement. There is no requirement in Ohio that an attorney be present when a contract is signed. Regarding notice, the agreement includes a warning that jury rights are waived in bold, capital letters. Finding that the agreement was not procedurally unconscionable, the trial court was affirmed.

Published by
David McGuffey
Tags: Arbitration

Recent Posts

Are Video Wills Valid?

Video Wills You might wonder whether you can make a video recording of yourself stating…

2 weeks ago

2025 Georgia Medicaid Transfer Penalty

2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…

2 weeks ago

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

2 months ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

2 months ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…

2 months ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…

3 months ago