Concetta Rizzio v. Surpass Senior Living LLC

Summary

The Arizona Supreme Court held that a plaintiff's agreement with counsel to advance arbitration costs is relevant to whether arbitration costs prevent effective vindication of her claims. Applying the required individualized inquiry, the court concluded that Rizzio had not established substantive unconscionability because the projected costs and her financial inability to pay were speculative and inadequately supported. The court reversed in part and remanded with directions to compel arbitration.