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

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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
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:
Dissenting Opinion:
U.S. Supreme Ct. 121 S. Ct. 513
Respondent: Larketta RANDOLPH
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.

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