Unconscionable fee-splitting provision in arbitration agreement could be severed from agreement as a whole.

Although a fee-splitting provision in an arbitration agreement was unconscionable based on the plaintiff’s financial situation, the Court of Appeals ruled that the fee-splitting provision was severable and that defendant’s motion to compel arbitration should have been granted. In Stokes v. Allenbrooke Nursing and Rehabilitation Center LLC, No. W2019-01983-COA-R3-CV (Tenn. Ct. App. Sept. 15, 2020), … Continue reading Unconscionable fee-splitting provision in arbitration agreement could be severed from agreement as a whole.