of limitations in section 15(b)); Sonja A. Soehnel, Annotation, What Constitutes a Transaction, a Contract for Sale, or a Sale Within the Scope of UCC Article 2, 4 A.L.R.4th 85 (1981) (listing cases applying Article 2 to mixed sale-security contract actions in section 19(a) of the annotation, and cases declining to apply Article 2 in section 19(b)). The majority of jurisdictions applies Article 2 to such actions, reasoning “a deficiency suit is more closely related to the sales aspect of a combination sale and security interest than to the security aspect.” Richard H. Nowka, The Secured Party Fiddles While the Article 2 Statute of Limitations Clock Ticks — Why the Article 2 Statute of Limitations Should Not Apply to Deficiency Actions, 7 Fla. St. U. Bus. Rev. 1, 5 (2008); id. at 39 (<HOLDING>). Conversely, the minority of jurisdictions
holding that where the issue is one of arbitrability the federal presumption in favor of arbitration shifts to favor a court determination holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true recognizing that a court must balance the policy in favor of hearing a litigants claims on the merits with the policy in favor of finality recognizing the tally of cases deciding the issue is greatly in favor of applying article 2 recognizing the power of federal courts to decide cases is restricted by the cases and controversies clause of article iii