Case Summaries
Banking Law
[08/26]
Mamot Feed Lot & Trucking v. Hobson
In a class action raising federal usury and antitying claims against a bank, its holding company, and various shareholders, officers, and employees of the bank, following the criminal indictment of the bank's president for defrauding the bank of nearly one million dollars, dismissal of the claim is affirmed where: 1) as sections 85 and 86 do not apply to state-chartered banks, the district court properly dismissed those claims brought under the National Bank Act for want of jurisdiction; 2) the district court properly dismissed a claim under 12 U.S.C. section 1831d for failure to state a claim; and 3) the complaint provided absolutely no facts to support an illegal tying claim.
[08/26]
JCB, Inc. v. Union Planters Bank, N.A.
In an action against defendant-bank seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor-defendant and was subject to their competing security interests, partial summary judgment and awards for plaintiff are affirmed in all respects except for a punitive damage award for trespass which must be remitted to $108,750 on due process grounds.
[08/22]
Lucas v. PyraMax Bank, FSB
In a suit under Title VII of the Civil Rights Act, the Family and Medical Leave Act (FMLA), and ERISA alleging illegal demotion, termination, and retaliation, summary judgment for defendants is affirmed where: 1) plaintiff could not make out a Title VII gender-discrimination claim because she produced no evidence that she met her employer's legitimate job expectations, or that a similarly-situated male employee received better treatment; 2) no evidence supported plaintiff's claim that she was terminated as a result of filing a state gender-discrimination claim; 3) plaintiff's FMLA claim did not demonstrate that she was fired for taking medical leave rather than for poor job performance; and 4) there was no evidence that defendant had the specific intent to violate ERISA and interfere with plaintiff's ERISA rights.
More...
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
|
