PICARDI v. EIGHTH JUDICIAL DIST. COURT

No. 53126.

251 P.3d 723 (2011)

William A. PICARDI and Beth Ann Picardi, individually, and on behalf of all others similarly situated, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and the Honorable Mark R. Denton, District Judge, Respondents, and Ft Automotive III, LLC, a Nevada Limited Liability Company d/b/a United Hyundai, Real Party in Interest.

Supreme Court of Nevada.

March 31, 2011.


Attorney(s) appearing for the Case

Law Offices of George O. West, III, and George O. West, III , Las Vegas: F. Paul Bland , Washington, D.C., for Petitioners.

Moran Law Firm, LLC, and Jeffery A. Bendavid , Las Vegas, for Real Party in Interest.

Before the Court En Banc.


OPINION

By the Court, HARDESTY, J.:

In this petition for extraordinary writ relief, we consider whether an arbitration agreement is unenforceable because it is unconscionable or contrary to public policy when it requires consumers to waive their rights to participate in any form of class action litigation to pursue common claims that they may have concerning a retail installment sales contract. In the district court, petitioners' arguments were rejected...

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