The majority opinion in a case decided by the Supreme Court of Wisconsin on May 25, 2006, took extensive note of an amicus brief written by five University of Wisconsin Law School professors.

In Wisconsin Auto Title Loans v. Jones, the Court, in a 5-2 decision, ruled that the mandatory arbitration clause in WATL's standard form contract is unconscionable. The majority opinion took considerable note of the amicus brief written by Professors John Kidwell, Stewart Macaulay, David Schwartz, Frank Tuerkheimer, and William Whitford in its discussion of whether the Federal Arbitration Act preempts Wisconsin state law that prohibits unconscionable contract provisions.

The consumer was represented by the Legal Aid Society of Milwaukee.

The Consumer Law Litigation Clinic (students Neil Bjorkman, Susan Kurien, and Andrew Wang) also filed an amicus brief in this case. To read the opinion, see http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=25287 .

The Consumer Law Litigation Clinic is litigating a similar case at the Court of Appeals involving a mandatory arbitration clause in a standard form contract. A decision in that case is forthcoming.

Submitted by on June 21, 2006

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