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KINKEL v. CINGULAR WIRELESS, LLC

No. 5-03-0774.

828 N.E.2d 812 (2005)

357 Ill. App.3d 556

293 Ill.Dec. 502

Donna M. KINKEL, Individually and on Behalf of Others Similarly Situated, Plaintiff-Appellee, v. CINGULAR WIRELESS, LLC, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied May 18, 2005.

Attorney(s) appearing for the Case

Evan M. Tager, David M. Gossett, Mayer, Brown, Rowe & Maw, LLP, Washington, DC; Kurt E. Reitz, Roman P. Wuller, Robert J. Wagner, Heath H. Hooks, Thompson Coburn, LLP, Belleville, for Appellant.

Charles W. Chapman, Charles W. Chapman Chartered, Wood River; Paul M. Weiss, Tod A. Lewis, Freed & Weiss, LLC, Chicago; L. Thomas Lakin, Bradley M. Lakin, Richard J. Burke, The Lakin Law Firm, P.C., Wood River; Phillip A. Bock, Diab & Bock, Chicago, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

The defendant, Cingular Wireless, LLC (Cingular), appeals an order denying its motion to compel arbitration and stay a class action suit against it pending arbitration. We find that the arbitration clause itself is enforceable; however, we conclude that the clause's limitation on class arbitration is unconscionable and thus unenforceable. Accordingly, we reverse and remand.

I. BACKGROUND

The defendant...

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