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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Green Tree Financial Corp. v. Bazzle
Citation:
539 U.S. 444, 123 S. Ct. 2402, 156 L. Ed. 2d 414 (2003)Facts
In 1995, the Bazzles secured a home improvement loan from Green Tree Financial Corp., and Lackey and the Buggses entered into loan contracts for mobile home purchases. All contracts contained nearly identical arbitration clauses stating that disputes would be resolved “by binding arbitration by one arbitrator selected by us with consent of you.” At the time of these transactions, Green Tree failed to provide customers with a legally required form that would have informed them of their right to name their own lawyers and insurance agents. The customers filed separate actions in South Carolina courts, seeking damages for this violation. The Bazzles sought class certification, and Green Tree moved to compel arbitration. The court certified a class and ordered arbitration. Green Tree selected an arbitrator with the Bazzles’ consent, and the arbitrator conducted class arbitration, awarding $10,935,000 in statutory damages plus attorney’s fees. In the Lackey case, after initial denial and subsequent appeal, arbitration was also ordered, and the same arbitrator certified a class and awarded $9,200,000 in damages. Green Tree appealed both awards, arguing that class arbitration was legally impermissible.
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