Cases

Petitioners appeal the circuit court’s award of partial summary judgment to respondent and its finding that the indemnification and “no-liability” agreements between the parties are procedurally and substantively unconscionable. Petitioners contend the circuit court’s award of summary judgment to respondents was based upon an incomplete record and that the court failed to consider petitioners’ objections and arguments in opposition to respondent’s motion. Further, petitioners allege that the circuit court erred in failing to apply New York law (as the parties intended in their agreements) and erred in failing to invalidate the entirety of the agreements between the parties after striking the unconscionable provisions.