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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
