Legal Opinion · Dissent

Tillman v. Commercial Credit Loans, Inc.

Court of Appeals of North Carolina

Decided June 6, 2006No. COA05-924Published

1DissentHunter, Judge

Because I disagree with the majority’s position that the trial court erred in finding the arbitration agreement to be unconscionable, I respectfully dissent.

The majority opinion does not include numerous and detailed findings of fact made by the trial court, most of which are uncontroverted. Because the findings are necessary for a full understanding of the issues before this Court, I recite them here:

1. Plaintiffs, Fannie Lee Tillman and Shirley Richardson, filed this putative class action lawsuit pursuant to Rule 23 of the North Carolina Rules of Civil Procedure on June 24, 2002. Plaintiffs…

2Cases cited20 opinions

  1. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  2. Adkins v. Labor Ready, Inc.Court of Appeals for the Fourth Circuit · 2002
  3. John Bruce Bradford v. Rockwell Semiconductor Systems, IncorporatedCourt of Appeals for the Fourth Circuit · 2001
  4. Terry Johnson v. West Suburban Bank Tele-Cash Inc. County Bank of Rehoboth Beach, Delaware Tele-Cash Inc. County Bank of Rehoboth Beach, DelawareCourt of Appeals for the Third Circuit · 2000
  5. Powertel, Inc. v. BexleyDistrict Court of Appeal of Florida · 1999

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