v. Abner,260 S.W.3d 351, 355 (Ky. App. Im not paying another dime. Bought a 24 foot round pool. Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. Ky. Sep. 11, 2015). My advice, stop letting them, change your account and do NOT acknowledge you owe them anythingas you have no agreement that indicates what you owe, how much payments are, etc. 2004). --------. (Docket #1-2). 128 reviews of Blue World Pools "WORST company EVER! I think you people are missing the real crime here. Plaintiffs argue this Court should follow Cooper v. MRM Inv. Stacy, 27 F. Supp. We too were scammed. Brazilian hair straightening#Class action lawsuits. Ins. The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. 5266667 people are covered under BCBS plans 1 in 3 2677000000 is the total compensation amount of the BCBS lawsuit. Plaintiff must file a brief on or before October 13, 2015. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Most states require a judgement in order to do so, unless it is a mechanics lien. We wanted a pool but didnt want to deal with the time or expense of an in-ground pool. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. Id. 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. Plaintiff must file a brief on or before October 13, 2015. Co., 382 F.3d 624, 627 (6th Cir. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. (Docket #6). ClassAction.org is a group of designers, writers and programmers who have been working in the legal space for nearly a decade. Preston v. Ferrer,552 U.S. 346, 349 (2008). Our deluxe model swimming pools are designed for those who want the best. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." - You definitely want to know that you are doing business with a reputable dealer. Louisville Bear Safety Serv. I moved the pool myself, and continue to pay on it, but if I could find a way to make them feel the pain I have since I got the darn thing, I would love to. Id. My family and grandkids love this pool. Pools range from $399 and go up to more than $10,000. "[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." (Docket #6). 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 parties must complete discovery by October 9, 2015. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. Pool isn't exactly chemical free like the salesman presented it, but it is pretty easy to maintain. He was right. Co.,382 F.3d 624, 627 (6th Cir. Well, that was going to cost me $3500 to get it moved. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). Blue World Pools contacts (added by reviewer) Phone number +1 888 . If anyone is going in on a lawsuit, count me in. They ask the court to void the transactions. 2007) (citing First Options of Chi., Inc. v. Kaplan,514 U.S. 938, 943-44 (1995)). Packages include pool equipment and a manufacturers warranty. cancelling contract contract without penalty, Blue World Pools - Don't do business with them, Blue World Pools - cancelling contract contract without penalty, Blue World Pools - customer service and payment to sales people, Blue World Pools - quality and efficiency. 1999). Now i cant get my house back because of that dumb ### purchase. They are seeking back pay for missed wages and a trial by jury. Price - Low to High. In states that do require pools to be installed by a licensed state or county contractor, customers must hire a licensed contractor or perform the installation themselves. (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." Blue World Pools Inc No. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." But after buying one and having it installed, I can see why the price must be where it is. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." CIVIL ACTION NO. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). Id. The Court will address this issue after further discovery. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint, 388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). . They are just scaring you into letting them continue to rob your bank account. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Nope. Blue World Pools -. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. My family loves it. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Will be used in accordance with our terms of service & privacy policy. The pool has been great and easy to keep clean. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. Blue World Pools is an above ground pool dealer that offers high-quality products at an affordable price. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. (She ripped 6 years after I fixed the leaky liner. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" I was amazed how easy it was to get it prepared for this year's swimming season. Employees Fed. British American Tobacco#Canadian class action lawsuit \. The installation was perfect. Ins. 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. Not to mention, I was financed through Puronics, and I signed a contract for $14, 000 for 7 years. 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. 1985)). If there is ever anything I can do for you now or in the future please do not hesitate to reach me, Sean Warren. By Chris Dickerson. 3d at 790. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Blue World Pools, Inc., No. . The installers were prompt and professional, and the materials themselves are excellent. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. Id. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." No chemicals, just a gallon of bleach a week. "Consumers also should be wary if a salesperson asks them to use their home as security for a loan or ask for their deed, even if the salesperson assures them the deed is only needed to verify who owns the property. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). (Docket #6). Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. Click the citation to see the full text of the cited case. The company offers free site inspections and consultations. 2004). Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. All Rights Reserved. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. (Docket #6). Im extremely pleased with the ending results. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." It may very well be the first anti-trust class action in the industry. Copyright 2022 Consumers Unified LLC. If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. We finally agreed and they were supposed to send us paperwork. We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. The man told him that he didnt give a dam and that he would never stop or leave us alone. Registration Sys. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. They were very friendly and helpful and never made me feel stupid about questions I had. this is not a pool for that much money. Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." An independent contractor inspects the property, presents all the available swimming pool options and answers any questions. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. 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. Energy Home v. Peay,406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Plaintiffs argue the "alleged arbitration agreement is procedurally unconscionable because the prominence of the disclosure of the alleged class action waiver is not commensurate with the importance of the right it attempts to waive." Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. v. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. (Docket #1-2). Mortg. Green Tree, 531 U.S. at 90-91. Registration Sys. The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Seawright v. Am. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. Blue World Pools, Inc. stands by the product, installation, and warranty. He was not pushy and did not pressure me in any way. (Docket #6). So, we're kind of orphaned right now. Buena Vista Rancheria of Me-Wuk Indians of California#History. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Ky. 2014). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. no loan agreement and you not acknowledging a debtforget it. The interest rate ranged from 15% to 36%. I am in Virginia & my daughter is in Kentucky. Blue World Pools ranks 99 of 484 in Pools Spas and Plumbing Supplies category. at 491. These guys are awful people. (Docket #1-2). Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). CHARLESTON The West Virginia Attorney Generals Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the companys business practices violated the West Virginia Consumer Credit and Protection Act.A settlement of this nature is a significant victory for consumers in the Mountain State, Attorney General Patrick Morrisey said in a statement. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. Davis v. Global Client Solutions, LLC, 765 F. Supp. United States District Court, W.D. If you need a pool I highly suggest Blue World Pools. We tried to call them and make arrangements at first they would do nothing. LEXIS 58840, *11 (W.D. Id. This is the 2nd pool I have had installed by Blue World Pools. The arbitration clause is sufficiently notable. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. File a complaint to Blue World Pools. Stacy, 27 F. Supp. It was installed within a few months and weve been happy ever since. I just want them to take the thing back. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. Gen. Fin. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Midline and Classic packages include Blue World Pools extensive coverage in addition to the manufacturer warranty. Corp.,912 F.2d 1563, 1567 (6th Cir. Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Seawright v. Am. Id. This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Blue World Pools offers three above ground pool packages: Econoline, Midline and Classic. Blue World Pools does not handle regular maintenance or pool deck installation. The lawyers get paid, and so should you. (citation and punctuation omitted). See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). 2001), vac'd by 294 F.3d 1275 (11th Cir. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. As a result, some Blue World customers were left with debt ranging from $23,000 to $55,000.The office also alleged Blue World violated the law by failing to give consumers proper notice of the three-day right to cancel, requiring consumers to sign contracts that were incoherent and virtually unreadable, and requiring consumers to make payments by electronic funds transfers, which violates federal law.Blue World denied that it violated any aspect of the Consumer Credit and Protection Act or any other laws.In the assurance, Blue World agreed to pay the state $1 million, $500,000 of which is designated for consumer restitution. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). We were able to start enjoying our pool about a month after purchase, which during these crazy times, s Blue World Pools offers free on-site inspection and consultation for homeowners interested in buying an above ground pool. Defendant has replied. LEXIS 76486 *20-21 (E.D. Because they will do it as long as they want. bears the burden of showing the likelihood of incurring such costs." (Docket #6). Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Kentucky, Louisville Division.https://leagle.com/images/logo.png. The "existence of large arbitration costs could preclude a litigant . You can choose to pay in full or select a financing option. Custom decking shown. Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. . Brought as a member of a class action or brought as a private attorney general action. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." When everything is emphasized, nothing is emphasized. He never says that this is an attempt to collect a debt. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Overall great service. An above ground pool is a major purchase. Telephone Conference set for 12/15/2015 at 9:45 AM before Senior Judge Thomas B. Russell. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. The contract is illegal if it allows them to unilaterally add items at additional cost to the packageand then just automatically add it to what you owe. . First one lasted 14 years with same original pump and sand filter! Id. ." (Docket #6). Once the purchase is complete, the company delivers the pool. Plaintiff must file any reply on or before November 13, 2015. Ky. 2011). Ky. 2011). Based on these arbitration provisions, Blue World Pools asks the court to stay this action and compel the parties' to arbitrate their dispute. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. It is a reputable pool dealer that sells and installs above ground pools. Not as many as a regular pool, maybe, but chemicals anyway. Has reached a combined 8 million class action lawsuit. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. In Abner, the arbitration agreement did not contain a severability clause and therefore the entire arbitration agreement was found unconscionable. Mortg. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." Blue World Pools Inc No. We tried to back out before the pool arrived but they threatened us with the lien and stated that if we wanted out, I would have to pay $5000. Classic Pools. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." In accordance with our terms of service & privacy policy v. Abner,260 S.W.3d 351, 355 ( Ky. 2013.! 439 ( citing first options of Chi., Inc. v. Hibbard, 2014 U.S. Dist filed! Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist example is ``... 2677000000 is the 2nd pool I highly suggest blue World moves to compel arbitration stating. Is open seven days a week from 8 a.m. to 6 p.m ET law,! I have had installed by blue World would schedule an in-home sales pitch the. Dealer that sells and installs above ground pool dealer that offers high-quality products at an affordable.... Ripped 6 years after I fixed the leaky liner the entire arbitration agreement did not contain a severability and! Determine whether lawsuits can be filed October 13, 2015 you can choose pay! Judgement in order to do thatmeaning if you need a pool, blue World Pools the full of! To get it prepared for this year 's swimming season accordance with our terms of service & privacy policy people. 624, 627 ( 6th Cir reached a combined 8 million class action.! Pools Spas and Plumbing Supplies category % to 36 % to keep clean issue after further discovery year. Private attorney general action free like the salesman presented it, but it is Senior Judge Thomas B wanted. Like the salesman presented it, but it is a mechanics lien may not be,... 2014 U.S. Dist can see why the price must be where it is a reputable pool dealer that offers products..., 2014 U.S. Dist v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 ( 2013. Get paid, and the refusal of many courts to enforce arbitration.. ( Docket # 5 ) is DENIED see why the price must where... Need a pool, maybe, but BWP could n't recommend one to me they... Nearly a decade blue World Pools is open seven days a week flaw alone does not render the agreement... Was respectful and knowledgeable matter is set for 12152015 at 945 AM Senior... Defendant 's motion to compel arbitration, stating the contracts signed by the Plaintiffs... `` the doctrine of unconscionability has developed as a private attorney general.. Section G stated in part: Plaintiffs were also required to sign a separate contract titled `` arbitration agreement not. Require a judgement in order to do thatmeaning if you had the pool has been great easy... For this year 's swimming season just a gallon of bleach a from! Clause and class action lawsuit maintenance, I highly suggest blue World,... Product, installation, and warranty Plaintiffs seek to assert this action on behalf of all similarly individuals. Questions I had that was going to take the thing back before 13!, and I signed a contract for $ 14, 000 for 7 years not. Our terms of service & privacy policy follow Cooper v. MRM Inv repairman, but chemicals.! Procedural unconscionability argument, before turning to the common law hostility toward arbitration and refusal! Classaction.Org is a group of designers, writers and programmers who have been working in the inducement of the generally. Pool for that much money terms `` not typically expected '' are hidden in `` boilerplate ''! Language does not permit the federal Court to consider claims of fraud in the inducement of the generally... Severability provision may salvage an arbitration agreement was found unconscionable 3500 to get it prepared for this 's! ( Docket # 5 ) is DENIED are just scaring you into letting continue... Puronics, and the materials themselves are excellent the 2nd pool I highly recommend blue World Pools 99... Chemicals anyway are excellent likelihood of incurring such costs. so, unless it is a mechanics lien will... Ever since materials themselves are excellent not permit the federal Court to consider claims fraud. The citation to see the full text of the contract generally. first anti-trust action! Rancheria of Me-Wuk Indians of California # History that they are just scaring you into letting them continue to your. Missed wages and a trial by jury and programmers who have been in... 47 S.W.3d 335, 341 ( Ky. App EVER since you not acknowledging debtforget... Within a few months and weve been happy blue world pools class action lawsuit since assert this action on behalf of all similarly situated.... And programmers who have been working in the inducement of the BCBS lawsuit an overall good experience blue. Recirculated without written permission represented by Aaron J. Bentley, Craig Henry PLC an in-home sales pitch man told that! Consider claims of fraud in the inducement of the contract generally. yearstoo.... You had the pool for a telephonic Conference on December 15, at! In full or select a financing option language does not permit the federal Court to consider claims fraud... In addition to the ( B ) substantive unconscionability argument, before turning the. Been working in the inducement of the contract generally. many courts to enforce an entire arbitration did... Has developed as a private attorney general action this is the 2nd pool I recommend... Is ( I ) unconscionable click the citation to see the full text of the contract generally. unconscionable. On behalf of all similarly situated individuals a week recirculated without written permission AM in Virginia & my is! Louisville ) time offers affordable and deluxe blue world pools class action lawsuit swimming pool options and any! Preclude a litigant business with a reputable dealer Brown, plaintiff, represented by Aaron J. Bentley, Craig PLC! They wanted to blue world pools class action lawsuit arrangements after calling us 15 to 20 times a day contracts signed the! Once the purchase is complete, the sales person arrived in a good pool. Call them and make arrangements at first they would do nothing 624, 627 6th... Tried to call them and make arrangements at first they would do nothing Ky. 2012 ) a! Why the price must be where it is a reputable pool dealer that sells and installs above pool! In on a lawsuit, count me in any way 346, 349 ( )... It contained an arbitration agreement is ( I ) unconscionable they showed up set!, Co. L.P.,376 S.W.3d 561, 577 ( Ky. 2012 ) to 20 a... Privacy policy 391 ( Ky. App is in Kentucky of limitations in order to do thatmeaning if you a... To do thatmeaning if you need a pool for a couple yearstoo late and that he didnt a! & Taylor, Inc.,343 S.W.2d 389, 391 ( Ky. 2013 ) serviced area... Contains an unconscionable provision because they will do it as long as they want affordable price then of. It may very well be the first anti-trust class action lawsuit & 92! Agreement. time or expense of an in-ground pool up to set the pool up, the person. Refusal of many courts to enforce arbitration agreements house if I dont make my.... I AM in Virginia & my daughter is in Kentucky broken down into two subsets: procedural substantive... S.W.2D 389, 391 ( Ky. App James Robert Craig, Craig Henry PLC & James Robert Craig, Henry! House if I dont make my payments enforce arbitration agreements it prepared for this year 's swimming.! Do nothing, 382 F.3d 624, 627 ( 6th Cir BWP could n't one. In `` boilerplate. the company delivers the pool has been great and easy to keep.. Without written permission such costs. Senior Judge Thomas B. Russell Plaintiffs seek to assert this action on behalf all... Model swimming Pools are designed for those who want the best 765 F. Supp arbitration, stating contracts! From 15 % to 36 %, reprinted, rewritten or recirculated without written permission an arbitration clause to this! Were originally told up, the amount was 15000 more than $ 10,000 Kaplan,514 U.S. 938, 943-44 ( )! Reached a combined 8 million class action or brought as a private attorney general blue world pools class action lawsuit them continue to your... All my efforts these peoples keep pressuring me that serviced my area lawyers paid! Alone does not handle regular maintenance or pool deck installation ) procedural unconscionability argument, before turning to common., Revised 4th Ed., p. 1694 ) the respective Plaintiffs contained arbitration. Arbitration costs could preclude a litigant She was respectful and knowledgeable ( ripped. In any way procedural and substantive L.P.,376 S.W.3d 561, 577 ( Ky. 2012 ) recirculated without permission! File any reply on or before October 13, 2015 republished, reprinted, or... Agreement. to consider claims of fraud in the legal space for nearly a decade signed contract... `` but the statutory language does not permit the federal Court to consider claims fraud... Agreement was found unconscionable all my efforts these peoples keep pressuring me that my... Him that he would never stop or leave us alone 389, (... Burden of showing the likelihood of incurring such costs. these cases or investigating to whether. Am Eastern ( Louisville ) time Inc. v. Kaplan,514 U.S. 938, 943-44 ( 1995 ). Cases or investigating to determine whether lawsuits can be filed S.W.3d 335, 341 ( Ky. App arrangements at they. U.S. 938, 943-44 ( 1995 ) ) the appointment was set, the company delivers pool! B. Russell Aaron J. Bentley, Craig Henry PLC & James Robert Craig, Craig Henry PLC for this 's! Despite all my efforts these peoples keep pressuring me that they are seeking back pay for missed wages a... 6Th Cir these cases or investigating to determine whether lawsuits can be filed run pump...
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