Gregory Hickmon v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding there was no procedural unconscionability or substantive unconscionability when an intelligent business entity had an opportunity to read the agreement, no unequal bargaining power existed, and contract was not overly oppressive
• holding there was no procedural unconscionability or substantive un-conscionability when an intelligent business entity had an opportunity to read the agreement, no unequal bargaining power existed, and contract was not overly oppressive
• finding a genuine issue of material fact existed as to an element of an affirmative defense
• examining factors of “assent, unfair surprise, notice, disparity of bargaining power, and substantive unfairness” in determining if a contract is unconscionable
• finding the district court erred by enlarging its ruling to dismiss claims for which the movant had not sought summary judgment
• rejecting an unconscionability claim where “[t]here is no evidence of unequal bargaining power between the parties or a lack of understanding on the part of Lake MacBride.”

Source: CourtListener parenthetical corpus (CC0).