In a 2005 article published in The Montana Lawyer, James M. Gaitis wrote that "it would appear that the [Montana Supreme] [C]ourt is on the brink of creating a narrowly crafted common law unconscionability/adhesion doctrine that applies solely to arbitration provisions." That appears to be what the Montana Supreme Court at least in part may have done in Kelker v. Geneva-Roth Ventures, 303 P.3d 777 (Mont. 2013), when it ruled that on online arbitration agreement regarding a "payday" loan was unconscionable...
It was a surprise to me the first time I found out that the nationally-known firm Doctor’s Associates was thecorporate name for the Subway Sandwiches chain. The chain is now the second largest food vendor in the world with more than 37,000 franchisees. With a workforce that large, it is not a surprise that the name Doctor’s Associates occasionally makes its way into the name of a case.
In 1995, Doctor’s Associates became responsible for one of the most famous arbitration cases of all time...
