Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

Packing up, moving out

Short note today, since I'm packing boxes in preparation for the office move this weekend.  The very first post I did here was about arbitration clauses in consumer contracts, and I followed up the subject with another one here.  For the most part, the decisions out of our court have been quite favorable to consumers.

Not so much this time, in last week's case, Handler v. Southerland Custom Bldrs., where a homeowner had sued the builder, and the builder had asked to stay proceedings and submit the case to arbitration, as the contract specified.  The court overruled the motion to stay without a hearing, but the court reversed, finding that there was no evidence in the record to support a finding of either substantive or procedural unconscionability, which the decisions I talked about before require.

It's hard to quibble with the decision; this wasn't a normal consumer contract, and there's reason to believe that the homeowners might have been able to modify it or even get rid of it if they'd asked.  The biggest problem was that there was absolutely no record, other than the documents themselves, to argue from.  A better course of action for plaintiff's counsel might have been to request a hearing in the trial court, at which point he could presented evidence supporting a finding of unconscionability.  Then again, there might not have been much there.

And with that, back to the boxes.

Search

Recent Entries

  • January 19, 2018
    The search for data
    I know more about how Aaron Judge does than what sentences are being handed down in criminal cases, and why that's a problem.
  • January 17, 2018
    What's Up in the 8th
    When not to decide cases on allied offenses and pre-indictment delay
  • January 11, 2018
    Case Update
    Three new decisions from the Ohio Supreme Court
  • January 10, 2018
    To the barricades!
    Why I'm a threat to the Ohio state government
  • January 5, 2018
    Search and seizure in the digital age
    Do the cops need a warrant to get cell phone data?
  • January 3, 2018
    What's Up in the 8th
    We talk about me a lot, but there's some other stuff, too
  • January 2, 2018
    He's baaaack
    So I thought I'd start my first post in six weeks by explaining why it's my first post in six weeks. Ever run into somebody and ask the obligatory question, "How are you doing?" And they proceed to tell you...
  • November 15, 2017
    What's Up in the 8th
    Plea withdrawals (again), sexual predator hearings, and an appellate law question
  • November 7, 2017
    What's Up in the 8th
    Don't listen to prosecutors about the law, good new/bad news jokes on appeal, and the Byzantine course of a death penalty case
  • October 24, 2017
    What's Up in the 8th
    Trying to change the past