Sample Brief - NCR Corp vs. Korala Assoc

Sample Brief - NCR Corp vs. Korala Assoc - The plaintiff...

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BUCKEYE CHECK CASHING, INC. V. CARDEGNA FACTS: Buckeye cashes personal checks for consumers in Florida. Buckeye agrees to delay submitting a check for payment in exchange for a consumer’s payment of a “finance charge.” For every transaction with Buckeye, the consumer signs a “Deferred Deposit and Disclosure Agreement.” The agreement states “By signing this Agreement, you agree that if a dispute of any kind arises out of this agreement, then either you or we or third- parties involved can choose to have that dispute resolved by binding arbitration. John Cardegna is suing Buckeye in a Florida court alleging that the “finance charge” represents an illegally high interest rate in violation of Florida state laws. Buckeye filed a motion to compel arbitration. The court denied the motion. Buckeye appealed. A state intermediate appellate court reversed this denial.
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Unformatted text preview: The plaintiff appealed. On the plaintiffs appeal. The Florida Supreme Court reversed the lower appellate courts decision. Buckeye appealed to the United States Supreme Court. ISSUE: Does the holding in this case permit a court to enforce an arbitration agreement in a contact that the arbitrator later finds to be void? RULE: The US supreme Court reversed the judgment of the Florida Supreme Court. A challenge to the validity of a contact as a while must be resolved by an arbitrator. ANALYSIS: In order for a court to review the copyright claim, they would have to refer back to the original agreement to enter into a business transaction. The 1988 agreement (original contract) contains the arbitration clause. CONCL: US Ct of Appeals affirmed the lower courts decision to compel arbitration....
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