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Quality Bank, et al. v. Cavett

Docket No. 20100024
Oral Argument: Tuesday, May 25, 2010 2:45pm

Docket Info

Title
Quality Bank, Plaintiff and Appellee
and
Timothy Cavett, Plaintiff
v.
Lynette Cavett, a/k/a
Lynnette Cavett, Defendant and Appellant
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 08-C-00151
Southeast Judicial District, Ransom County
John T. Paulson
2010 ND 183788 N.W.2d 629
Oral Argument 5/25/2010

Highlight

Whether a contract is unconscionable is a question of law for the court to decide and depends upon the factual circumstances of each case.
When determining whether a contract is unconscionable, courts look for procedural unconscionability, which encompasses factors relating to unfair surprise, oppression, and inequality of bargaining power, and substantive unconscionability, which deals with the harshness of the contract, as well as whether the contract is commercially reasonable.


Briefs

Filing Date Description
03/29/2010 APPELLANT BRIEF (e-filed) View
04/27/2010 APPELLEE BRIEF (e-filed) View
05/11/2010 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Brad A Sinclair - 04225
APPELLANT PRIVATE PRACTICE Rudra Tamm - 06103
APPELLEE PRIVATE PRACTICE Peter William Zuger - 06282

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/20/2010 NOTICE OF APPEAL : 01/19/2010
2 02/17/2010 TRANSCRIPT DATED September 8, 2009 & C.O.S.
3 02/17/2010 DISK - TRA (09/08/09) (e-mailed)
4 02/24/2010 RECORD ON APPEAL, 2 Volumes
5 03/29/2010 Received $25 e-filing surcharge for ATB (Receipt #19424).
6 03/29/2010 APPELLANT BRIEF (e-filed) View
7 03/29/2010 E-FILED BRIEF (ATB)
8 03/29/2010 APPELLANT APPENDIX
9 03/30/2010 RECEIVED 8 COPIES OF CORRECTED TITLE PAGES FOR ATA.
10 04/01/2010 Received copies of ATB from CSD
11 04/20/2010 NOTICE OF ORAL ARGUMENT SENT
12 04/27/2010 APPELLEE BRIEF (e-filed) View
13 04/27/2010 E-FILED BRIEF (AEB)
14 04/27/2010 APPELLEE APPENDIX (e-filed) PDF
15 04/27/2010 E-FILED APPENDIX (AEA) PDF
16 04/28/2010 Received $25 e-filing surcharge for AEB & $58.50 e-filing surcharge. for AEA
17 05/03/2010 Received 7 copies of AEB from Central Duplicating.
18 05/03/2010 Received 6 copies of AEA from Central Duplicating.
19 05/11/2010 REPLY BRIEF of Appellant (e-filed) View
20 05/11/2010 E-FILED BRIEF (RYB)
21 05/12/2010 Made 7 copies of RYB
22 05/25/2010 APPEARANCES: Rudra Tamm; Peter W. Zuger and Brad A. Sinclair
23 05/25/2010 ARGUED: Tamm; Zuger
24 05/25/2010 ORAL ARGUMENT WEBCAST
25 09/21/2010 DISPOSITION
26 09/21/2010 UNANIMOUS OPINION : Kapsner, Carol Ronning View
27 09/21/2010 Costs on appeal taxed in favor of appellee
28 09/22/2010 Judgment Sent to Parties
29 10/14/2010 MANDATE
30 12/13/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 06/15/2021 EXPUNGED - Nonpermanent record items destroyed