Illinois Court Won’t Enforce ‘Unconscionable’ Arbitration Deal

An Illinois assisted living facility’s residential contract requiring disputes to be resolved by arbitration is so one-sided that it’s unconscionable and therefore not legally enforceable, an appellate court ruled Friday.

Joan Hwang sued the assisted living facility, Aspired Living of La Grange, for negligence and premises liability after a company employee opened a door and knocked Hwang to the ground, injuring her. Pathway La Grange Property Owner LLC, which operates La Grange, Ill.-based Aspired Living, asked a circuit court judge to dismiss the case, asserting Hwang signed a residency contract requiring her to resolve such disputes by arbitration, not a ...