Case Brief: Green Tree Financial Corp. Essays

Case Brief: Green Tree Financial Corp. Essays

Length: 1184 words (3.4 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

Defendant: GREEN TREE FINANCIAL CORP.
Facts of the Case:
Larketta Randolph financed a mobile home through Green Tree Financial. Her home retail installment contract and security agreement required that Randolph buy vendor’s single interest insurance, which protects the vendor from the costs of repossession if any default were to occur. The agreement also provided that if any disputes were to arise either under statutory law or case law that it would be resolved by binding arbitration.
Identification of the Key Legal Issues:
Plaintiff alleged that Green Tree violated the Truth in Lending Act, by failing to disclose as a finance charge the vendor’s single interest insurance requirement. Also she alleged that Green Tree Financial violated the Equal Credit Opportunity Act, by requiring her to arbitrate her statutory causes for action.
Decision and Reasoning of the Court:
Judge Ira DeMent dismissed the case with prejudice in the defendant’s favor and court ordered arbitration.
U.S. Ct. of Appeals for the 11th Cir. 178 F.3d 1149
Appellant: Larketta RANDOLPH
Appellee: GREEN TREE FINANCIAL CORP.
Court’s Opinion and Reasoning:
Opinion by Carnes, Circuit Judge. We conclude that the district court’s judgment was an appealable “final decision”. We also hold that the arbitration agreement in this case defeats the remedial purposes of the TILA and is unenforceable.
Concurring Opinion:
None
Dissenting Opinion:
None
U.S. Supreme Ct. 121 S. Ct. 513
Petitioner: GREEN TREE FINANCIAL CORP.
Respondent: Larketta RANDOLPH
Judges:
REHQUIST, C.J., delivered the opinion of the Court, Part II of which was unanimous and Parts I and II of which were joined by O’CONNER, SCALIA, KENNEDY, and THOMAS, J.J. GINSBURG, J., filed an opi...


... middle of paper ...


...cision? Why did the Court rule that way? The Supreme Court remanded the case to the 11th circuit for a closer consideration of the arbitral forum’s financial accessibility to the borrower. The agreement to arbitrate was not rendered unenforceable simply because the agreement said nothing about arbitration costs and thus allegedly failed to provide the borrower protection from potentially substantive costs of pursuing her federal statutory claims in the arbitral forum.

Works Cited

GREEN TREE FINANCIAL CORP.-ALABAMA et al. v. RANDOLPH: certiorari to the United States Court of Appeals for the Eleventh circuit. (2009). Supreme Court Cases: The Twenty-first Century (2000 - Present), 1. 513 US 79, p. 373-387.
LexisNexis. 2000 U.S. Lexis 8279. Accessed, 2.14.2014.
WestlawNext. 121 S. Ct. 513. Green Tree Financial Corp.-Alabama v. Randolph. Accessed, 3.27.2014.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Financial Analysis of Toyota Motor Corp. Essay

- In 2009 Toyota Motors (TM) posted a net loss of $4.6 billion ("Market watch," 2014). From 2009 to 2011 Toyota encountered a number of factors contributing to their economic downturn. It began with recalling millions of vehicles, for quality related problems, followed by natural disasters hitting northeastern Japan. These disasters wiped out Toyota’s production capabilities (Tabuchi & Vlasic, 2014). While these events were occurring, the cloud of the 2008 global financial crisis was still being felt....   [tags: Key Financial Ratios]

Strong Essays
1183 words (3.4 pages)

Essay on Financial Benefits and Overall Costs of Green Buildings

- There have been uncertainties concerning green buildings. What are green buildings. , What effects do they have. , What do they mean financially. ,These are some of the questions that need answers. The Green Building Council of South Africa describes a green building as “a building which is energy efficient, resource efficient and environmentally responsible-which incorporates design, construction and operational practices that significantly reduce or eliminate its negative impacts on the environment and its occupants” (GBCSA, 2013)....   [tags: construction, waste, green building]

Strong Essays
943 words (2.7 pages)

Financial Analysis of Oracle Corp Essay

- Financial Analysis of Oracle Corp INTRODUCTION Background and History Oracle Corporation is a technology company that supplies software for the use of information management. They develop, manufacture, market and distribute computer software that helps other corporations manage their data so they can better grow and prosper. In 1977, Larry Ellison, Bob Miner, and Ed Oates founded System Development Laboratories. After being inspired by a research paper written in 1970 by an IBM researcher titled “A Relational Model of Data for Large Shared Data Banks” they decided to build a new type of database called a relational database system....   [tags: essays papers]

Strong Essays
2599 words (7.4 pages)

Learning Space Design Brief Essay

- Rationale: This design brief is intended to take into account the results of Heath’s VAST heuristic (relating to activities) (1989, in Elliott-Burns, 2003) and a selection of Lackney’s Design Principles (n.d.). Hennah’s (2007) concepts of traffic flow and layout will be incorporated. The design will also consider the requirements of integrating a guided inquiry pedagogy. The users of the space will also be given the opportunity to take part in the process. Heath’s VAST heuristic offers a “rich alternative” (p7, 1989, as cited in Elliott-Burns, 2005) to a checklist approach to designing and can be used to evaluate a learning space and lead to the design of a new one....   [tags: Design Brief]

Strong Essays
2158 words (6.2 pages)

Essay on The Green Divide: Class Conflict within Klingle Valley

- The Green Divide: Class Conflict within Klingle Valley As a sign of our times, urban development has been occurring throughout the United States and the global arena at a rapid rate. In the course of this development, the green spaces of cities have been affected in a generally negative way. Overall, people have lost recreational sites for play and relaxation, which are crucial to a healthy society. Look at our nation’s capitol. Thanks to the great influx of businesses and firms entering the District, the green space has been slowly declining....   [tags: Green Ecology Environment Essays]

Free Essays
4950 words (14.1 pages)

The Feminist Struggle Portrayed in Brief History Of The Horse Essay

- The Feminist Struggle Portrayed in Brief History Of The Horse   Lorna Crozier's poem, "A Brief History Of The Horse", offers many different interpretations. However, the structure of the poem breaks down into three stages: past, present, and future. By examining the archetypes within the poem, it can be suggested that the horse stands to represent the feminist struggle, the ongoing battle for women to have an equal place in society. In explicating "A Brief History Of The Horse," it is of primary importance to examine the logopoeia (thought level) of the poem....   [tags: Brief History Of The Horse Essays]

Strong Essays
1370 words (3.9 pages)

Essay on The Pelican Brief

- The Pelican Brief, an irresistible story that begins with the simultaneous assassinations of two Supreme Court Judges. One October night one of the liberal Judges, A. Rosenberg, is shot in the head while sleeping in his Georgetown home. Two hours later G. Jensen, the Court's youngest and most conservative judge, is strangled, possibly by the same assassin. America is in shock, the F.B.I. has no clues. Darby Shaw is a brilliant law student at Tulane University in New Orleans when she heard about the two murders....   [tags: Pelican Brief John Grisham Book Review]

Free Essays
1453 words (4.2 pages)

Essay on Lester Financial Benchmarking

- Lester Financial Benchmarking The Lester and Shang-Wa merger is one that will allow both organizations to survive the market from hostile bids and enjoy steady growth. For this merger to take place though Lester needs to raise funds that would appease Shang-Wa. With Lester’s on take of Shang-Wa Lester will experience from the financial forecast a decrease in projected revenues and increase in liabilities (University of Phoenix, 2008). This information does not include though that if Lester were to not purchase Shang-Wa that the organization would pay an increased amount from other vendors for the same services (University of Phoenix, 2008)....   [tags: Business Financial Analysis]

Free Essays
1607 words (4.6 pages)

Financial Statements Essay

- Financial Statements basically show the historical performance or record of the company at some previous point of time. By the time when financial statements are made public, changes are many economical areas such as market conditions, currency exchange rate and inflations can change the values of assets and liabilities. In this case there often exist discrepancies between book value of assets and their market values. In above case there might be companies that are healthy and many go through period of financial distress....   [tags: Economy, Financial Distress]

Strong Essays
2290 words (6.5 pages)

Financial Statements Essay

- In recent history, there have been quite a few memorable cases of corporations manipulating financial reports in order to deceive stakeholders. Deceptive accounting practices are like a disease, and should be rooted out immediately. These practices undermine the stability of U.S. financial markets, and can make people less willing to invest in stocks. Financial reporting is the key to maintaining trust in the financial system and any manipulation should not be tolerated. The purpose of financial statements Financial statements are the primary instruments used in assessing the performance of a business and its managers (Gibson , 2013)....   [tags: financial reporting, accounting, manipulation]

Strong Essays
943 words (2.7 pages)