Citifinancial, Inc. v. Brown

304 F.3d 469 (5th Cir. 2002)

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Nature of the Case

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Facts

The Browns (D), mother and son, got a loan from CitiFinancial (P). This loan consolidated their debts and lowered monthly payments. The agreement contained an arbitration clause. Despite this agreement, D commenced a civil action against P for fraud and breach of contract. P filed a petition to compel arbitration under 9 U.S.C. 4. D defended claiming that John Brown was incompetent and therefore the arbitration agreement was void. John was 42, was profoundly retarded, and only weighed 90 pounds. He was functionally deaf, with poor eyesight and language impaired with the intellectual performance of a three-year-old. His mother is his primary caregiver. P had required him to sign the loan agreement even though he could not read or write.