United States Eleventh Circuit

In an appeal from the grant of defendant's motion to compel arbitration in a class action against Sprint Nextel Corp. for allegedly charging improper roaming fees for calls placed within Sprint's coverage areas, the court of appeals certifies the following questions to the Florida Supreme Court: 1) must Florida courts evaluate both procedural and substantive unconscionability simultaneously in a balancing or sliding scale approach, or may courts consider either procedural or substantive unconscionability independently and conclude their analysis if either one is lacking?; 2) is the class action waiver provision in plaintiff's contract with Sprint procedurally unconscionable under Florida law? 3) is the class action waiver provision in plaintiff's contract with Sprint substantively unconscionable under Florida law?; and 4) is the class action waiver provision in plaintiff's contract with Sprint void under Florida law for any other reason?

Appellate Information

• Decided 01/04/2010
• Published 01/04/2010

Judges

• HULL, Circuit Judge:, Before CARNES and HULL, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Douglas F. Eaton, William Gregg Wolk, Homer Bonner & Delgado, Miami, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Michael Kovaka, Dow Lohnes, PLLC, Atlanta, GA, Daniel Donohoe Prichard, David E. Mills, Dow Lohnes, PLLC, Washington, DC, for Defendants.