Answered step by step
Verified Expert Solution
Question
1 Approved Answer
In 2 0 1 9 , the North Carolina Supreme Court decides a case called Smith v . Jones. Smith v . Jones holds that
In the North Carolina Supreme Court decides a case called Smith v Jones. Smith v Jones holds that any adhesion agreement that burdens any persons right to appellate review is substantively unconscionable. In Anita begins a new cell phone wireless contract with Verizon. e agreement she signs provides that, in exchange for $ per months for months, Verizon will provide her with unlimited calls, texts, and data; the agreement makes no mention of data speed throlinge agreement also includes this provision: Any dispute arising under or related to this Agreement shall be resolved by arbitration in accordance with the arbitration rules of the American Arbitration Association. e results of such arbitration shall be binding, "nal, and not subject to any further review, judicial or otherwise. Aer six months, Anita becomes convinced that Verizon is throling her data speed. She les a lawsuit in North Carolina district court against Verizon, alleging breach of contract, fraudulent misrepresentation, and unfair and deceptive trade practices. Verizon responds with a motion to compel arbitration. Youre the district judge in this case. Verizons motion is ripe for adjudication. Which way do you rule? Explain why. If you need more information, say so and explain how that information would inuence your analysis.
In the North Carolina Supreme Court decides a case called Smith v
Jones. Smith v Jones holds that any adhesion agreement that burdens any
persons right to appellate review is substantively unconscionable.
In Anita begins a new cell phone wireless contract with Verizon. e
agreement she signs provides that, in exchange for $ per months for
months, Verizon will provide her with unlimited calls, texts, and data; the
agreement makes no mention of data speed throlinge agreement also
includes this provision:
Any dispute arising under or related to this Agreement shall be resolved by arbitration in accordance with the arbitration rules of the
American Arbitration Association. e results of such arbitration
shall be binding, "nal, and not subject to any further review, judicial or otherwise.
Aer six months, Anita becomes convinced that Verizon is throling her
data speed. She les a lawsuit in North Carolina district court against Verizon, alleging breach of contract, fraudulent misrepresentation, and unfair
and deceptive trade practices. Verizon responds with a motion to compel
arbitration.
Youre the district judge in this case. Verizons motion is ripe for adjudication. Which way do you rule? Explain why. If you need more information,
say so and explain how that information would inuence your analysis.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started