APEX 1 PROCESSING, INC. v. EDWARDS

No. 49A05-1103-PL-85.

962 N.E.2d 663 (2012)

APEX 1 PROCESSING, INC., Appellant-Defendant, v. Akeala EDWARDS, on Behalf of Herself and Others Similarly Situated, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 20, 2012.


Attorney(s) appearing for the Case

Douglas B. King , Matthew M. Adolay , Wooden & McLaughlin LLP, Indianapolis, IN, Attorneys for Appellant.

Susan Verbonitz , Weir & Partners LLP, Philadelphia, PA, Attorney pro hac vice.

Irwin B. Levin , Richard E. Shevitz , Vess A. Miller , Cohen & Malad, LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

Apex 1 Processing, a "payday loan" business, includes in its loan contracts a compulsory arbitration provision. Akeala Edwards brought a class action1 alleging Apex, doing business as payday lender Paycheck Today, engaged in unfair trade practices. Apex moved to compel arbitration of Edwards' claim, but the trial court denied the motion because the arbitrator designated in the contract was no longer permitted...

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