CORDOVA v. WORLD FINANCE CORP. OF NM

No. 30,536.

208 P.3d 901 (2009)

2009-NMSC-021

Laura A. CORDOVA, Plaintiff-Respondent, v. WORLD FINANCE CORPORATION OF NEW MEXICO, Defendant-Petitioner.

Supreme Court of New Mexico.

April 29, 2009.


Attorney(s) appearing for the Case

Barnett Law Firm, P.A., Mickey D. Barnett, Phillip W. Cheves, David A. Garcia, Amy B. Bailey, Wolf and Fox, P.C., Albuquerque, NM, for Petitioner.

Feferman & Warren, Richard N. Feferman, Robert Dale Treinen, Albuquerque, NM, Public Justice, P.C., F. Paul Bland, Jr., Washington, D.C., for Respondent.

Doerr & Knudson, P.A., Randy J. Knudson, Portales, NM, AARP Foundation, Deborah M. Zuckerman, Washington, D.C., for Amicus Curiae AARP.

Gary K. King, Attorney General, David K. Thomson, Assistant Attorney General, Scott Fuqua, Assistant Attorney General, Santa Fe, NM, for Amicus Curiae Office of the Attorney General.


OPINION

DANIELS, Justice.

{1} This case requires us to review the validity of a small loan company's form arbitration provision that would limit a borrower to mandatory arbitration as a forum to settle all disputes whatsoever, while reserving for the lender the exclusive option of access to the courts for all remedies the lender is most likely to pursue against a borrower. We hold that such an inherently one-sided agreement is against New Mexico...

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