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STRAND v. U.S. NATL. BANK NATL. ASS'N ND

No. 20040068.

693 N.W.2d 918 (2005)

2005 ND 68

Dennis N. STRAND, an individual, on behalf of himself and all others similarly situated, Plaintiff v. U.S. BANK NATIONAL ASSOCIATION ND, and Does 1 through 10, inclusive, Defendants.

Supreme Court of North Dakota.

March 31, 2005.

Attorney(s) appearing for the Case

Brian R. Strange (argued), Strange & Carpenter, Los Angeles, CA, and Dennis E. Johnson (appeared), Johnson & Sundeen, Watford City, N.D., for plaintiff.

James R. McGuire (argued), and Wendy M. Garbers (appeared), Morrison & Foerster, San Francisco, CA, Sarah Andrews Herman (on brief), and Todd Ervin Zimmerman (on brief), Dorsey & Whitney, Fargo, N.D., for defendants.

Jerome C. Kettleson, Pearce & Durick, Bismarck, N.D., Christopher R. Lipsett, Wilmer Cutler Pickering Hale and Dorr, LLP, New York, NY, and Daniel H. Squire and Stephen R. Heifetz, Washington, DC, for amici curiae American Bankers Association and North Dakota Bankers Association; submitted on brief.

KAPSNER, Justice.

[¶ 1] Invoking N.D.R.App.P. 47, the United States District Court for the Central District of California has certified the following questions to this Court:

1) Is a "no class action" provision in an arbitration agreement unconscionable under North Dakota contract law? 2) If yes, is the remainder of the arbitration agreement enforceable? We conclude that, under the facts presented in the order certifying the questions, the...

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