Credit: stock.adobe.com Assisted Living Facility's One-Sided Arbitration Agreement Rendered Unenforceable by Illinois Appellate Court
In "Hwang v. Pathway LaGrange Property Owner," the appellate court concluded that the arbitration agreement between the parties "lacked the consideration necessary to form a valid contract because Hwang received no benefit and Aspired suffered no detriment by signing the arbitration agreement."
October 15, 2024 at 11:04 AM
4 minute read
Settling an arbitration dispute between an assisted living facility and an injured resident, an Illinois appellate court determined that the parties' agreement was substantively unconscionable and unenforceable as the obligation to arbitrate was entirely one-sided, among other things.
In an Oct. 11 opinion, authored by Illinois Appellate Court Judge Sanjay T. Tailor for the First District, the court affirmed a trial court's decision denying the facility's motions to dismiss and compel arbitration in a negligence suit brought by the plaintiff, Joan Hwang.
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