Attached is a positive ruling enforcing an ADR agreement where the signor had a general POA. Of particular interest and new use, is the 4 pages (13-16) addressing plaintiff’s counsel’s (Willkes & McHugh) argument that the discovery provisions are unconscionable because of the restrictions. The Court rejected this argument, distinguishing the Kindred Kentucky case.

Comments of Attorney Larry Brock, Chambliss, Bahner & Stophel – Chattanooga, TN, shared with his permission.

Author: Federal District Ct. from Chambliss Bahner & Stophel

loggedout