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Name Category Published
Komarova v. National Credit Acceptance, Inc.
Litigation privilege does not protect collection agency against claims alleging violation of Robbins-Rosenthal Fair Debt Collection Practices Act. 		Banking Jun. 29, 2009
Miller v. Bank of America, NT & SA
Bank may deduct overdrawn amounts and insufficient fund fees from accounts containing deposits for unemployment and disability benefits. 		Banking Jun. 1, 2009
Neman v. Commercial Capital Bank
Federal Deposit Insurance Corp. is entitled to stay of appeal pending completion of Financial Institutions Reform, Recovery and Enforcement Act’s 180-day time period. 		Banking Apr. 29, 2009
McCoy v. Chase Manhattan Bank USA
Bank's retroactive application of discretionary credit card interest rate increase violation of notice required by Truth in Lending Act. 		Banking Mar. 17, 2009
Gorman v. Wolpoff & Abramson
Fair Credit Reporting Act allows plaintiff to bring claim against creditor for failure to report continued dispute to credit reporting agencies. 		Banking Jan. 13, 2009
Davis v. Pacific Capital Bank N.A.
Flat finance charge that does not vary with term of loan does not fall within definition of 'interest charge.' 		Banking Dec. 26, 2008
Mills v. U.S. Bank
Plaintiffs have no cause of action where bank deposits checks missing endorsements into customer's account. 		Banking Sep. 11, 2008
Watters v. Wachovia Bank
Real estate lending performed by national bank is not subject to state visitorial control. 		Banking Apr. 18, 2007
Miller v. Bank of America
Where bank was enjoined from balancing within single account, court's application of case involving setoff against credit card debt is not proper. 		Banking Mar. 28, 2007
LaLiberte v. Pacific Mercantile Bank
Rescission under Truth In Lending Act is available as personal remedy because it is not suitable for class action treatment. 		Banking Feb. 16, 2007
Weiss v. Washington Mutual Bank
State tort law action regarding imposition of prepayment penalties on bank loan are pre-empted by Home Owners' Loan Act. 		Banking Jan. 29, 2007
McKell v. Washington Mutual Inc.
Where customers were overcharged for certain settlement services, they had valid cause of action against lender for violating Unfair Competition Law. 		Banking Nov. 7, 2006
Kenney v. United States
In case concerning government tax liens on proceeds of house sale, party was not entitled to equitable subrogation. 		Banking Oct. 19, 2006
Gil v. Bank of America, National Association
Under California Uniform Commercial Code, plaintiffs' remedy lies only in conversion, not negligence, where collecting bank accepted check with missing indorsement. 		Banking Sep. 27, 2006
Opinion of Lockyer
Finance company does not have right of action against surety upon car dealer's bond when dealer defaults on loan issued by company. 		Banking Jun. 22, 2006
Gil v. Bank of America, National Association
California Uniform Commercial Code supersedes payee's negligence claim where collecting bank accepted check with missing indorsement. 		Banking Jun. 15, 2006
McElroy v. Chase Manhattan Mortgage Corp.
Lender was not required to process tendered payment in form of 'Bonded Bill of Exchange Order' because bill was worthless on its face. 		Banking Feb. 8, 2006
American Bankers Assoc. v. Gould
Federal credit reporting act preempts at least portion of state privacy law's affiliate-sharing provisions. 		Banking Sep. 27, 2005
Virachack v. University Ford
Cash rebate is not part of cost of credit and need not be disclosed under Truth In Lending Act. 		Banking Aug. 30, 2005
Jones v. E*Trade Mortgage Corp.
District court erred in dismissing homeowner's complaint for failure to state cause of action under Truth In Lending Act. 		Banking Aug. 23, 2005
Wolski v. Fremont Investment & Loan
Yield spread premium is not part of points and fees paid by borrower at close of escrow under predatory lending law. 		Banking Aug. 3, 2005
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. 		Banking Jun. 17, 2005
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. 		Banking Apr. 12, 2005
Easter v. American West Financial
Under Washington law, brokers who arrange table-funded loans need not be licensed. 		Banking Jan. 18, 2005
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate. 		Banking Jan. 10, 2005
McCarthy v. Federal Deposit Insurance Corp.
Debtor challenging loan practices of bank that went into receivership must exhaust administrative remedies before filing lawsuit. 		Banking Jun. 30, 2004
Olson v. Six Rivers National Bank
Bank did not violate Consumer Credit Reporting Agencies Act by requesting credit information pertaining to husband in connection with loan made to wife. 		Banking Oct. 15, 2003
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. 		Banking Oct. 15, 2003
Fischer v. First International Bank
When loan agreement doesn't state loans will be cross-collateralized, enforcement of "dragnet" clause presents triable issue; order granting new trial is void. 		Banking Oct. 1, 2003
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees. 		Banking Aug. 11, 2003
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