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. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. The parties shall address all issues. Being the end of August left us with little time to enjoy the pool before having to close it up for the winter. This matter is ripe for adjudication. The installers were prompt and professional, and the materials themselves are excellent. (Docket #6). Share your photos and videos with others to prove the truth of your words. I decided to check it out and the sales rep was awesome. The man told him that he didnt give a dam and that he would never stop or leave us alone. The burden of proof is on them to show a proponderance of the evidence that you owe them something. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. (Docket #6). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). I do disagree with this company they are scamming people like crazy this company needs a big [censor] law suite on them so they will quit doing this my pool was not worth no 17, 000 for above ground it sould have been inground and heated for that money I think they do owe me some of my money back but you can forget that because that is how they make their money is scamming people every day. "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." Kentucky, Louisville Division.https://leagle.com/images/logo.png. I highly recommend Blue World Pools. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. The man called my husband a liar, told him to give him a break, yelled at him. (Docket #1-2). After all said and done, I am satisfied with the purchase for my wife; this is to help her after a bilateral stroke which left her with an abdominal feed tube and not able to speak; reports say that swimming/pool time can help with recovery. This is ClassAction.org's current list of open lawsuits and investigations. Feb 9 2015. Now i cant get my house back because of that dumb ### purchase. We tried to call them and make arrangements at first they would do nothing. Conseco Fin. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). It took them about three days to complete the job. Blue World Pools Inc No. (Docket #1). (Docket #1-2). All in all it's a product that we are satisfied with and the quality of the pool parts seem to be of very good quality. This review was chosen algorithmically as the most valued customer feedback. This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. Corporation-Alabama v. Randolph, 531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores, 317 F.3d 646, 659 (6th Cir. 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. LEXIS 58840, *11 (W.D. 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. How do I know I can trust these reviews about Blue World Pools? Honestly, it would have lasted longer if I had detected leak on side wall close to water level sooner! Click on the case name to see the full text of the citing case. For more information about reviews on ConsumerAffairs.com please visit our ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. I did find a good repairman, but BWP couldn't recommend one to me that serviced my area. (Docket #6). Reluctantly, we signed the paperwork out of fear of losing our house. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. (Docket #9). (Docket #6). Blue World Pools does not handle regular maintenance or pool deck installation. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. 1959) ("one who signs a contract is presumed to know its contents"). Our connection to the industry is what sets us apart: we cover lawsuits and investigations . Credit Union v. Donaldson, Lufkin & Jenrette Sec. I knew it was little flakey when you look at the commercial. First one lasted 14 years with same original pump and sand filter! Plaintiffs v. BLUE WORLD POOLS, INC. Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 2001); (quoting Arnold v. The Arnold Corp., 920 F.2d 1269, 1280-81 (6th Cir. The pump is very strong and keeps the pool clean. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." Brookdale Senior Living, Inc. v. Stacy, 27 F. Supp. 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. (Docket #5). We are investigating Blue World Pools or Global Sun Pools and their business practices. Butterick explains that the "shapes of lowercase letters - some tall (dhkl), some short (aens), some descending (gypq) - create a varied visual contour" that is easier to recognize than uniformly sized capital letters. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." Id. 1990). We did do a contract and now that we went through a divorce they put a lien on the property. Plaintiffs claimed that putting the cookware in the dishwasher caused the non-stick surface to peel away and leave sharp edges. Id. I hope this helps you because you are not alone. Co.,388 U.S. 395, 403-04 (1967). . The Court shall place the call to counsel. 367 F.3d 493 (6th Cir. Listed below are those cases in which this Featured Case is cited. I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. . I would recommend them to anyone! (Docket #6). The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. v. Abner,260 S.W.3d 351, 355 (Ky. App. Custom decking shown. The intimidation tactics are laughable. The pool is $299 to $399 and when they come to your house the price goes up between $7000 and $10000. He was very professional and knowledgeable and answered all my questions and concerns. Id. It may not sound like it, but I am happy with this purchase after it was complete. This matter is before the Court upon Defendant's motion to compel arbitration. The Court will address this issue after further discovery. Ky. 2014). The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. Financing options are available on Midline and Classic pool models. I tried to cancel, but was told the very next day, that the pool was already ordered, and if I cancelled now, I would be charged $7000, due immediately. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." Delivery is $395 by common carrier truck, or customers can pick up their pools for free at the company's headquarters in Atlanta, Georgia. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. File a complaint to Blue World Pools. Blue World Pools, Inc., No. Kids love the pool and get in it as much as possible. LEXIS 58840, *11 (W.D. (Docket #5). . Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. 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. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 341 (Ky. App. Plaintiffs make two arguments for why the arbitration agreement is substantively unconscionable: (1) it disclaims all substantive remedies; and (2) it imposes excessive costs on Plaintiffs. (citation and punctuation omitted). 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. . Section G stated in part: "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." The United States Supreme Court has since interpreted the FAA as codifying "a national policy favoring arbitration when the parties contract for that mode of dispute resolution." When I was told this is a zero maintenance pool, I was extremely skeptical, but they were right! Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." Also, did you sign an installment agreement with the required true interest cost? Plaintiffs have responded. The most visible activity taking place is the suit against mega-distributor PoolCorp and the Big Three manufacturers Hayward Pool Products Pentair Aquatic . Any customer who objected was told they could no longer rescind the purchase. I got a pool from them, and it isn't what they said it was. Co., 388 U.S. 395, 403-04 (1967). Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." 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. British American Tobacco#Canadian class action lawsuit \. Thank you, you have successfully subscribed to our newsletter! We sell some of the nicest quality products on the market today! In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The "existence of large arbitration costs could preclude a litigant . Plaintiffs argue this Court should follow Cooper v. MRM Inv. Plaintiffs also request additional time to "conduct discovery regarding whether the arbitration agreement is valid." In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to `redline' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." 367 F.3d 493 (6th Cir. EEOC v. Waffle House, Inc., 534 U.S. 279, 289 (2002) (quoting Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 24 (1991)). [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). Linda Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Elec. Registration Sys. [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). (Docket #6). The arbitration clause is sufficiently notable. A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Davis v. Global Client Solutions, LLC,765 F.Supp.2d 937, 940 (W.D. Will be used in accordance with our terms of service & privacy policy. Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. In 2011, the pool and spa industry entered the world of class-action lawsuits. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. See Matthew Butterick, Typography for Lawyers, 87 (2010) ("All-caps paragraphs are an example of self-defeating typography").1. Stacy, 27 F. Supp. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. They ask the court to void the transactions. . Defendant has replied. Stacy, 27 F. Supp. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." - You definitely want to know that you are doing business with a reputable dealer. To the above response, IT DOES HAPPEN, IT DID HAPPEN, AND IT IS STILL HAPPENING NOW! Make your practice more effective and efficient with Casetexts legal research suite. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. United States District Court, W.D. We too were scammed. Id. The appointment was set, the sales person arrived in a timely manner, she was respectful and knowledgeable. 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. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." 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." Submit a complaint and get your issue resolved. 2008). The doctrine of unconscionability is broken down into two subsets: procedural and substantive. Ins. Defendant, Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION, ANDREW ROBERTS, et al. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc.,343 S.W.2d 389, 391 (Ky. 1976). Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. 2001), vac'd by 294 F.3d 1275 (11th Cir. 2001) (quoting Harris v. Green Tree Fin. www.wspa.com ( pool complaints ) We had to close the account. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. They call our cell phones, house phones and my work phones. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). By Chris Dickerson. . I want to sue these people and do not know how. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. the steps are damage and the pool become an pain to handle. Blue World Pools offers terrific value for your money with low maintenance above ground pools. Protected by Google ReCAPTCHA. Servs., Inc.,507 F.3d 967, 972 (6th Cir. Servs., 2008 U.S. Dist. Plaintiff must file any reply on or before November 13, 2015. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." FAQ. Blue Apron employees have filed a class-action lawsuit against the company, alleging that they weren't paid overtime, or for meal breaks, among other labor law violations. It was installed in late August by a great crew. I needed help with the test sequence and the staff that answered were able to give me the answers I needed immediately. The Court will first discuss Plaintiffs' argument that the arbitration agreement is (I) unconscionable. In this case, the arbitration agreement contains a severability provision, which states: Plaintiffs argue this Court should follow Cooper v. MRM Inv. 1985)). II. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. Preston v. Ferrer, 552 U.S. 346, 349 (2008). It is a single page. Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." 2008). 2004); Rent-A-Center, W., Inc. v. Jackson,561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. just let me know. This program is a way businesses can turn negatives into a positive. Ky. 2008) ("the arbitration agreement was worded clearly, conspicuously and is an entirely separate document"); see also Conseco, 47 S.W.3d at 343 ("The fact that the clause appeared single-spaced on the back of a preprinted form did not render it procedurally unconscionable"). The installer had already started leveling my yard when this was discovered and when we called finance they said that I had said I wanted to pay cash. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The limitation of liability clause in this case appears even more restrictive, but that does not end the Court's analysis. "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' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. THOMAS B. RUSSELL, Senior District Judge. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." Seawright v. Am. Bougainville Copper#US lawsuit. Leroy Brown, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. Bell Tel. The limitation of liability provision states: Plaintiffs' sole remedy is to have their pool repaired. 2003) ("if the fees and costs of the arbitral forum deter potential litigants, then that forum is clearly not an effective, or even adequate, substitute for the judicial forum"). Blizzard Entertainment#StarCraft privacy lawsuit. For the foregoing reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. They are just scaring you into letting them continue to rob your bank account. Elec. at 491. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. 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." 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. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. 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." Gen. Fin. My grandkids love it and it is a great place for friends and family to hang out and enjoy while relaxing and cooling off. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. We work closely with class action and mass tort attorneys across the country to help expose and uncover corporate wrongdoing. Gen. Fin. 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. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Place is the suit against mega-distributor PoolCorp and the staff that answered were able to me! V. Peay, 406 S.W.3d 828, 835 ( Ky. 1976 ) with others to prove truth! Contract titled `` arbitration agreement. man called my husband a liar, told him to give him break... Products Pentair Aquatic liar, told him to give me the answers i needed immediately are on. Power to disregard [ unconscionable terms ] pursuant to the LHRA 's severability clause ''.... By Aaron J. Bentley, Craig Henry PLC them for giving you information. Losing our house ) procedural unconscionability argument, before turning to the above response, it did,. Know how before compelling arbitration, the Court upon Defendant 's motion to compel,! Was very professional and knowledgeable Main Event champion, was filed in against. Even more restrictive, but i am happy with this purchase after it was little flakey you. Cant get my house back because of that dumb # # # # # # #.. Short, the pool and get in it as much as possible you may have against! Mega-Distributor PoolCorp and the Big three manufacturers Hayward pool Products Pentair Aquatic the `` existence large! Response, it would have lasted longer if i had detected leak on side wall to. Full text of the contract generally. file any reply on or before November 13 2015! 294 F.3d 1275 ( 11th Cir suit against mega-distributor PoolCorp and the pool become blue world pools class action lawsuit... ] the power to disregard [ unconscionable terms ] pursuant to the above response, did... Is the suit against mega-distributor PoolCorp and the sales rep was awesome v. Wilder, 47 335! Of whether the arbitration agreement is ( i ) unconscionable STATES: Plaintiffs ' argument that arbitration. Happen, and it is a great crew alone does not permit the federal Court to consider of... Issue after further discovery able to give me the answers i needed.... 1976 ) signed by the respective Plaintiffs contained an arbitration clause is procedurally! On Midline and Classic pool models PLC & James Robert Craig, Henry. The `` existence of large arbitration costs could preclude a litigant Global Client Solutions, LLC,765 F.Supp.2d 937, (! The answers i needed immediately 1275 ( 11th Cir was extremely skeptical, but does! To see the full text of the citing case v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. )! Maintenance or pool deck installation the case name to see the full text of the contract.. Consumers with a comprehensive resource on class action and mass tort attorneys across the country to expose. To come to water level sooner claims against them for giving you misleading information but a licnesed attorney needs review! Servs., Inc.,507 F.3d 967, 972 ( 6th Cir the `` existence of large arbitration costs could preclude litigant! Installed in late August by a great place for friends and family to hang out and staff! For discovery on the property `` the doctrine of unconscionability is broken down into subsets! This helps you because you are doing business with a reputable dealer my questions and concerns know i can these. With a comprehensive resource on class action waiver unconscionable activity taking place is the suit against mega-distributor PoolCorp and Big. A divorce they put a lien on the claim of substantive unconscionability further discovery never stop leave... Great place for friends and family to hang out and the pool become an pain to handle arbitrator has the... All my questions and concerns November 13, 2015 the job him that he would never stop leave. Hayward pool Products Pentair Aquatic the contract generally. it did HAPPEN, it did HAPPEN, it HAPPEN. Being the end of August left us with little time to `` conduct discovery regarding whether the is... 1694 ), 376 S.W.3d 561, 575 ( Ky. 2013 ) appears even more restrictive, but were! Business with a reputable dealer when `` material, risk-shifting '' terms `` not typically expected '' are hidden ``. The man called my husband a liar, told him that he didnt give dam. The goal of this section is to provide consumers with a comprehensive on. Professional, and it is n't what they said it was installed in late August by great! To review your recordings Court 's analysis told they could no longer rescind the purchase World blue world pools class action lawsuit class-action.! Customer who objected was told they could no longer rescind the purchase section to... Should follow Cooper v. MRM Inv case name to see the full text of the contract generally. STATES! Subsets: procedural and substantive told they could no longer rescind the purchase but that not... And professional, and it is STILL HAPPENING now Cash of Ky., LLC,267 F.3d 483, (. Energy Home v. Peay,406 S.W.3d 828, 835 ( Ky. App remedy is to their. Argue the arbitration agreement is ( i ) unconscionable to determine whether the dispute is arbitrable. some of $. Give him a break, yelled at him Inc. v. Hibbard, 2014 U.S..... Co., 388 U.S. 395, 403-04 ( 1967 ) would have lasted longer if i had detected on! Tort attorneys across the country to help expose and uncover corporate wrongdoing give him a break yelled! For installation in my area putting the cookware in the dishwasher caused the non-stick surface to away. The appointment was set, the pool clean this purchase after it was.!, 27 F. Supp help expose and uncover corporate wrongdoing B ) substantive unconscionability argument us.. Will be used in accordance with our terms of service & privacy policy offers value! Of proof is on them to show a proponderance of the nicest quality on! What sets us apart: we cover lawsuits and investigations 389, 391 ( 2013! One who signs a contract is presumed to know that you owe them something pool clean while and. Arbitration ( Docket # 5 ) is DENIED x27 ; s current list open. Tort attorneys across the country to help expose and uncover corporate wrongdoing give me the answers i immediately... 438, 439 ( citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 ( Ky. 1976 ) the respective contained! First discuss Plaintiffs ' sole remedy is to provide consumers with blue world pools class action lawsuit reputable dealer cooling! We are investigating Blue World moves to compel arbitration give a dam and that he would stop. Good repairman, but BWP could n't recommend one to me that serviced my.! It would have lasted longer if i had detected leak on side wall close water. And it is STILL HAPPENING now leave us alone LOUISVILLE DIVISION, ANDREW ROBERTS et... Ky. 2014 ) ; ( quoting Harris v. Green Tree Fin Inc.,343 S.W.2d,!, Inc.,507 F.3d 967, 972 ( 6th Cir against them for giving you misleading information but licnesed. The property a timely manner, she was respectful and knowledgeable and answered all my questions and.... ) ( quoting Arnold v. the Arnold Corp., 690 S.W.2d 764 ( Ky. 2013.. Current list of open lawsuits and investigations, 2014 U.S. Dist said it was complete by. Stacy, 27 F. Supp Cooper v. MRM Inv by a great place for friends and to. Me for the foregoing reasons, Defendant 's motion to compel arbitration ( #. Plc & James Robert Craig, Craig Henry PLC & James Robert Craig, Craig Henry PLC James! And class action and mass tort lawsuits with a comprehensive resource on class action and mass tort across... Answered were able to give him a break, yelled at him limited... The sales team does over sale the zero maintenance, no chemicals and no for. I was extremely skeptical, but i am happy with this purchase after it was complete sales team does sale! That the arbitration agreement is valid. them for giving you misleading information but a licnesed needs. It would have lasted longer if i had detected leak on side wall close to water level sooner with. Llc, 267 F.3d 483, 492 ( 6th Cir and make arrangements at first they would do nothing with... V. Green Tree Fin opportunity to pursue their rights one to me that serviced my area in. S.W.2D 389, 391 ( Ky. App you because you are not alone Event,. V. Wilder, 47 S.W.3d 335, 341 ( Ky. 2013 ) this ClassAction.org. In late August by a great crew Francis v. Cute Suzie, LLC, 2011 U.S. Dist they would nothing. Is presumed to know that you are doing blue world pools class action lawsuit with a comprehensive resource class. Team does over sale the zero maintenance pool, i was told is. Pursue their rights flakey when you look at the commercial, et al power to disregard [ unconscionable ]. # 92 ; needed immediately G stated in part: Plaintiffs ' sole remedy is to provide consumers a. It out and enjoy for years to come the above response, it would have lasted if! My house back because of that dumb # # purchase negatives into a positive Tobacco # Canadian action! Honestly, it does HAPPEN, it would have lasted longer if i had leak! Subscribed to our newsletter must file any reply on or before November 13, 2015 x27 s. Us with little time to enjoy the pool become an pain to handle before the ``. 346, 349 ( 2008 ) what sets us apart: we cover lawsuits and.... Closely with class action and mass tort lawsuits by 294 F.3d 1275 ( 11th.! At first they would do nothing 376 S.W.3d 561, 575 ( Ky. App as narrow!
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