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RIZZIO v. SURPASS SR. LIVING LLC

No. CV-20-0058-PR.

492 P.3d 1031 (2021)

Concetta RIZZIO, Plaintiff/Appellee, v. SURPASS SENIOR LIVING LLC, et al., Defendants/Appellants.

Supreme Court of Arizona.

Filed August 17, 2021.

Attorney(s) appearing for the Case

H. Micheal Wright (argued), Lincoln M. Wright , Udall Shumway PLC, Mesa, Attorneys for Concetta Rizzio.

Kevin C. Nicholas , Bruce C. Smith (argued), Sarah A. Schade , Lewis Brisbois Bisgaard & Smith LLP, Phoenix, Attorneys for Surpass Senior Living, LLC, Gilbert AL Partners, LP, Gilbert AL GP, LLC, and Brianne Schmitz.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix; and Stanley G. Feldman , Miller, Pitt, Feldman & McAnally, P.C., Tucson, Attorneys for Amici Curiae Arizona Association for Justice and Arizona Trial Lawyers Association.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and BEENE joined.

¶1 Arbitration agreements are widely utilized for resolving a variety of disputes and are generally enforceable. Nonetheless, an arbitration agreement may be unenforceable due to either procedural or substantive unconscionability. Substantive unconscionability looks to whether the terms of an agreement...

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