CLE123, Inc.
Continuing Legal Education made as EASY as 1 2 3!
Call us at (866) 925-3123
Customer Support Available 8am-8pm EST
Courses
- Courses
- Supreme Court Argument - Buckeye Check Cashing v. Cardegna (Federal Arbitration Act)
Supreme Court Argument - Buckeye Check Cashing v. Cardegna (Federal Arbitration Act)
- Sku:
- OYZ001
- Price:
- US$50.00
- Total Time:
- 66
- Credits:
- Select State to Find Out
Course Description
This CLE lecture brought to you by CLE123,Inc. and Oyez.org consists of oral argument before the United States Supreme Court in Buckeye Check Cashing v. Cardegna. The issue before the court is the validity of a particular conract under the Federal Arbitration Act.
Facts of the Case
John Cardegna signed a contract for a loan from Buckeye Check Cashing. The contract contained a clause in which Cardegna agreed to resolve any controversies over the loan through arbitration. Cardegna later sued Buckeye, claiming that the conditions for the loan stipulated by the contract were illegal. Buckeye filed a motion in Florida district court to have the case resolved by arbitration, as required by the contract. Cardegna countered that the contract as a whole was illegal and that the arbitration clause was therefore not enforceable. The court agreed and ruled for Cardegna.
On appeal, the state appeals court reversed, holding that the Federal Arbirtration Act, as interpreted by the U.S. Supreme Court, allows arbitration clauses to be enforced even if they are part of otherwise invalid contracts. The appeals court relied on the U.S. Supreme Court's decision in Prima Paint Corporation v. Flood & Conklin Manufacturing Company. The Florida Supreme Court disagreed with the appeals court's use of Prima Paint, however, because the contract in that case had been merely voidable, while the contract in Cardegna's case was actually illegal. The Florida Supreme Court therefore reversed, ruling in favor of Cardegna.
Question
Under the Federal Arbitration Act, may a party avoid arbitration by arguing that the contract in which the arbitration clause is contained is illegal?
About the Lecturer
Course Audio Files
Please Login To Listen
Registration is quick and free and gives you access to listen to hundreds of audio files
Course Notes
Please Login To View
Registration is quick and free and gives you access to all of the class notes