Berman v. Napleton’s Schaumburg Subaru, Inc.

Illinois Appellate Court
Civil Court
Arbitration Clause
Citation
Case Number: 
2026 IL App (1st) 251825
Decision Date: 
Friday, April 17, 2026
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
HYMAN

Plaintiff filed a class action lawsuit against the defendant alleging fraud, breach of contract, and civil conspiracy. The trial court denied the defendant’s motion to dismiss and to compel arbitration and defendant appealed. The appellate court affirmed, finding that the arbitration agreements contained irreconcilable conflicts regarding integral provisions on the proper forum, who decides arbitrability, and the parties’ responsibilities for arbitration fees. (C.A. WALKER and PUCINSKI, concurring)