Chapter 2 case brief

Chapter 2 case brief - BUCKEYE CHECK CASHING INC V JOHN...

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BUCKEYE CHECK CASHING, INC. V. JOHN CARDEGNA, ET AL Supreme Court of the United States, 2006. 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038. Facts : Respondent John Cardegna in 1999 entered into an agreement with Buckeye Check Cashing, Inc. to take out a payday loan. Cardegna received cash in exchange for his next paycheck and an interest fee. However, the interest fee charged by Buckeye was over the state of Florida’s maximum allowable interest rate. Cardegna filed a lawsuit against Buckeye for its predatory lending. However, in the agreement Cardegna signed, Buckeye included an arbitration provision requiring that all disputes arising from the agreement were to be resolved by binding arbitration. Buckeye moved to have the court case thrown out and to force arbitration, but a Florida trial court denied Buckeye’s request. Buckeye appealed to the Florida Fourth District Court of Appeal, which ruled that arbitration was required because the entire contract had been challenged, not the separate arbitration mandate itself. This decision was appealed to the Florida
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This note was uploaded on 04/24/2010 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.

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