Ggnsc Holdings, LLC, Appellants v. Nellie R. Lamb, by and Through Richard Williams, as — Danielson, J…

Summary

Justice Danielson dissented from the majority's enforcement of the arbitration agreements, arguing that the agreements were impossible to perform because the designated arbitration forum was unavailable and that the agreements were unconscionable under ordinary state contract law. He contended that the majority improperly elevated the policy favoring arbitration above the requirement that arbitration agreements be treated like other contracts. The dissent warned that this approach could substantially impair the constitutional right to a jury trial.