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BESS v. DIRECTV, INC.

No. 5-05-0394.

885 N.E.2d 488 (2008)

Charlotte BESS, Plaintiff-Appellee, v. DIRECTV, INC., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 18, 2008.

Attorney(s) appearing for the Case

Joseph B. McDonnell, Greensfelder, Hemker & Gale, Swansea, IL, Melissa D. Ingalls, Glen G. Mastroberte, Kirkland & Ellis, LLP, Los Angeles, CA, for Appellant.

David A. Nester, Nester & Constance, P.C., Steven A. Katz, Diane Moore Heitman, Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Belleville, IL, Michael J. Flannery, James J. Rosemergy, Carey & Danis, L.L.C., St. Louis, MO, for Appellee.

Justice DONOVAN delivered the opinion of the court:

The defendant, DirecTV, Inc. (DirecTV), appeals from an order of the circuit court of St. Clair County denying its motion to stay proceedings and to compel arbitration. DirecTV argues that the circuit court erred in finding that the arbitration agreement was procedurally and substantively unconscionable and, therefore, unenforceable. Initially, this court issued an opinion in this case affirming the circuit court...

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