From our private database of 26,900+ case briefs...
Green Tree Servicing, LLC v. Duncan
Navajo Nation Supreme Court
7 Am. Tribal Law 633, 2008 WL 5435566 (2008)
Duncan (plaintiff) entered a security agreement relating to her mobile home that was secured by a transaction subject to an arbitration agreement, which was assigned to Green Tree Servicing, LLC (Green Tree) (defendant). In the transaction having the arbitration agreement, Duncan agreed to waive her right to file any court actions, thus her right to a jury, and instead arbitrate any disputes with Green Tree before an arbitrator of Green Tree’s choice, with Duncan’s consent. However, Green Tree retained its right to seek judicial remedies to enforce the agreement and to foreclose on Duncan’s mobile home. Green Tree sued to foreclose on the mobile home, and Duncan raised various counterclaims. A Navajo district court dismissed Duncan’s counterclaims as barred by the arbitration clause. Duncan appealed.
Rule of Law
Holding and Reasoning (Yazzie, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 540,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 540,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.