DIXON v. DAYMAR COLLEGES GROUP, LLC

2012-SC-000687-DG.

483 S.W.3d 332 (2015)

Brittany DIXON; Patricia Taber; Martha Elizabeth Wathen-Collier; Monica Sykes; Candace Williams; Tasha Allen; Jessica Gordan; Darena Prescott; Tina Cain; Kimberly Milan; and Amy Lee, Appellants v. DAYMAR COLLEGES GROUP, LLC; Daymar Learning of Paducah, Inc.; Daymar Learning of Ohio, Inc.; Mark Gabis (Now Deceased); and Daymar Learning, Inc., Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 23, 2015.


Attorney(s) appearing for the Case

Counsel for Appellants: Kenneth L. Sales , Leslie Metcalf Cronen , Bubalo Goode Sales & Bliss, PLC, Mark P. Bryant , Emily M.W. Roark , Ben Elliott Stewart , Bryant Law Center, P.S.C., David G. Bryant , Jones Ward, PLC.

Counsel for Appellees: Caroline Lynch Pieroni , Robert Kenyon Meyer , Stephen Joseph Mattingly , Dinsmore & Shohl, LLP.

Counsel for Amicus Curiae, Kentucky Justice Association: Kevin Crosby Burke.


OPINION OF THE COURT BY CHIEF JUSTICE MINTON

A group of students1 challenges Daymar College's enrollment process as both procedurally and substantively unconscionable. Specifically, the Students challenge the incorporation of an arbitration provision on the reverse side of the Student Enrollment Agreement. Despite this arbitration provision, the Students filed a lawsuit in circuit court.

The trial court refused to...

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