After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. . Ky. 2011). (Docket #6). 2d 937, 940 (W.D. "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." He was very professional and knowledgeable and answered all my questions and concerns. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. Then they said they would send over the proper forms and to go sit by my computer and wait for them. Plaintiff must file a brief on or before October 13, 2015. We have been in business since 2001. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Blue World Pools, Inc. is a very customer friendly organization and we want to satisfy you! Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. No, Blue World Pools is not a scam. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Make your practice more effective and efficient with Casetexts legal research suite. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." (Docket #6). I am very blessed now to have a BWP and it has been a great investment. It does not deliver what was promised. Not as many as a regular pool, maybe, but chemicals anyway. ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. I only mention this since it was a major part of my decision to spend the extra money for the no maintenance pool with the 25 year warranty. ." Midline and Classic models cost more than $10,000 and vary in price depending on size. It may not sound like it, but I am happy with this purchase after it was complete. The Cooper court cited the Eleventh Circuit for the notion that "To sever the costs and fees provision and force the employee to arbitrate a Title VII claim despite the employer's attempt to limit the remedies available would reward the employer for its actions and fail to deter similar conduct by others." This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Id. A $4 million settlement has been reached in a class action alleging that All-Clad misrepresented its cookware as dishwasher-safe. This is ClassAction.org's current list of open lawsuits and investigations. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." v. S. Cent. . The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. Id. this is not a pool for that much money. Who knows. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. 3d at 790. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. Give pool pricing write up contract. An above ground pool is a major purchase. Seawright v. Am. Corp., 183 F.3d 173 (3rd Cir. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. from effectively vindicating her federal statutory rights in the arbitral forum." Plaintiffs v. BLUE WORLD POOLS, INC. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. Has reached a combined 8 million class action lawsuit. I was amazed how easy it was to get it prepared for this year's swimming season. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." LEXIS 76486 *20-21 (E.D. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." Morrison, 664 F.3d at 664. Mortg. Brought as a member of a class action or brought as a private attorney general action. Price - Low to High. The pump is very strong and keeps the pool clean. Conseco Fin. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. File a complaint to Blue World Pools. When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Now i cant get my house back because of that dumb ### purchase. Plaintiff must file a brief on or before October 13, 2015. Will be used in accordance with our terms of service & privacy policy. Employees Fed. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. I got the upgrade from the $395 pool as well. Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. The complaint has been investigated and resolved to the customers satisfaction. I was so happy with the service!! The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. Carson Street Suite 4925 Carson City Nevada United States of America. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." United States District Court, W.D. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Preston v. Ferrer, 552 U.S. 346, 349 (2008). Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. My only issue with the pool is something beyond BWP's ability: the original installers no longer service my area, and thus could not repair the pool after the damage caused by the extreme cold that year. Ky. 2014). See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography"). The parties shall also meet and confer about their choice of arbitrator pursuant to the arbitration agreement and provide the Court with an estimate of potential costs. Plaintiffs also criticize the arbitration clause for being entirely capitalized. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. "[I]f the claim is fraud in the inducement of the arbitration clause itself an issue which goes to the `making' of the agreement to arbitrate the federal court may proceed to adjudicate it." "Pleading that an arbitration clause was part of a broader fraudulent scheme without more, is no longer sufficient to overcome the strong federal policy in favor of arbitration." Could have been an honest mistake. The "existence of large arbitration costs could preclude a litigant . at 491. 128 reviews of Blue World Pools "WORST company EVER! Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Servs., 2008 U.S. Dist. Class actions in U.S. district courts are regulated by federal laws like the Class Action Fairness Act of 2005 (CAFA), which allows any class action with damages greater than $5 million to be removed to federal court. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. Holifield v. Beverly Health & Rehab. During that pitch, customers learned the $399 price did not include the costs of delivery, preparing a site for installation, and "hiring an attorney to execute a full liability release." The interest rate ranged from 15% to 36%. I would like to join you guys on a lawsuit. . Doubtful. Blizzard Entertainment#StarCraft privacy lawsuit. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. (Docket #1-2). Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. In your case either as a gesture of good will or in order to avoid a lawsuit. (Docket #6). Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. When a case settles, the attorneys who handled the case will collect a percentage of the settlement or receive a fee award separate from the settlement. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. They call our cell phones, house phones and my work phones. 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