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Sep 19, 2023

Bank dodges claim for customer’s in-person transfer

Where a customer went to her bank and requested transfers of money, because a person who later turned out to be a fraudster told her to make the transfers, this claim against the bank was dismissed. Under Va. Code § 8.4A-202(a), the customer bears the responsibility for “authorized” fraudulent transfers. Background Janice Carter filed suit […]

Jul 3, 2023

Wells Fargo successfully dismisses customer’s claims

Where a customer sued Wells Fargo after a fraudster allegedly stole her life savings of $727,957 by making electronic wire transfers from her account, convincing her to make wire transfers and taking a cash advance from her credit card, but she did not allege that the transactions were not authorized and did not provide sufficient […]

Feb 28, 2023

Borrower liable for breaching loan agreement

Where a company sued for violating a loan agreement argued the plaintiff failed to approve third-party financing options that would have allowed the loan to be repaid, but it failed to show that it would have been unreasonable or wrongful for the plaintiff to withhold its approval, the plaintiff was granted summary judgment. Background This […]

Dec 15, 2022

Form correction defeats breach of contract claim

Where a bank initially sent a homeowner a form showing that his debt had been cancelled, but then issued a corrected form, the homeowner’s breach of contract claim was dismissed because there was no offer, acceptance or consideration. Background In 2017, Kim F. Henderson received an adverse judgment in favor of SunTrust Bank because of […]

Dec 5, 2022

Venue clause requires transfer of suit to EDVA

Where a customer agreed that any disputes with her bank would be litigated in the Eastern District of Virginia, her suit was transferred from Texas to the Alexandria Division. Although the customer claimed to not recall agreeing to the venue clause, the evidence showed that she had done so, and the customer failed to show […]

Nov 29, 2022

Customer’s fiduciary duty claim dismissed

Where a customer alleged that his bank allowed unauthorized withdrawals from his checking account, his breach of fiduciary duty claim was dismissed. No fiduciary duty is created in an ordinary relationship between a bank and its customer, and there was no allegation that the customer maintained any sort of agreement with the bank that went […]

Nov 22, 2022

Bank didn’t properly process PPP loan application

Where a company alleged a bank failed to properly process its application for a second-round loan pursuant to the government’s paycheck protection program, or PPP, resulting in the company not receiving “nearly $1 million in PPP money that would have been forgiven,” its breach of contract claim survived the bank’s motion to dismiss. Background The […]

Mar 14, 2022

Plaintiff lacked standing to enforce bank rule

Where appellant had no vested interest in the timely payment or return of a check, she lacked standing to enforce a payor bank’s alleged violation of the UCC’s “midnight deadline” rule. Background Appellant Stahl was the niece of Ivory Markus. Markus lived in Stahl’s home. Markus had a checking account at BB&T. She had another […]

Oct 11, 2021

Bank isn’t liable for returning $456 million to sender

Where the state of California sent $456 million to the bank of a company from which it ordered 100 million N95 masks, but the state reversed the transaction after learning the company was only recently formed and its owners were lobbyists, the bank was not liable for returning the funds to California. Background On March […]

Jul 12, 2021

Suit challenging mortgage default dismissed

A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe Weisberg & Conway LLC, Glen A. Messina and the PHH Mortgage Corporation, asserting various claims […]

Apr 9, 2021

No private right of action under Fair Credit Act claim

Where the plaintiffs alleged a bank violated § 1681s-2(a) of the Fair Credit Reporting Act by supplying information known to be incorrect to a credit reporting agency, the claim was dismissed because there is no private right of action under that section of the law. Background Melvin and Linda McCauley filed this action against Ally […]

Mar 1, 2021

National Elks group gets disputed funds

Where a dispute arose between the Elks Grand Lodge and a local lodge over $666,090 deposited with a bank, the funds were awarded to the national group after the local lodge failed to file an answer or respond to the action. Background This is an interpleader action filed by Skyline National Bank seeking to resolve […]

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