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U.S. v. Ali
Evidence that fails to demonstrate that a bank was federally insured will not support a conviction for bank fraud.
Banking Nov. 28, 2001
U.S. v. Phelan
Order
Banking Sep. 9, 2001
Flatiron Linen Inc. v. First American State Bank
Banks may not dishonor their cashier's checks once issued.
Banking Jul. 31, 2001
Steiny and Company Inc. v. Citicorp Real Estate Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.'
Banking Jul. 12, 2001
Grover v. Bay View Bank
Bank had no duty to impose lien where judgment creditor didn't comply with requirements for levy on debtor's spouse's account.
Banking Jul. 2, 2001
Gentner and Company Inc. v. Wells Fargo Bank
Bank can't refuse to pay cashier's check where bank accepts endorsed check with stop payment, and issues cashier's check to payee in same amount.
Banking Jun. 28, 2001
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks.
Banking May 9, 2001
Borum v. Coffeyville State Bank
Order
Banking Mar. 21, 2001
In re Overland Park
Corporation is bound by agreement to maintain capital level of financial institution despite filing for bankruptcy.
Banking Mar. 13, 2001
Federal Deposit Insurance Corp. v. Schuchmann
Court's failure to inform jury of conditions of exceptions to first lien rule is not harmless error.
Banking Dec. 28, 2000
State Bank & Trust v. First State Bank of Texas
Order
Banking Dec. 28, 2000
First Pacific Bancorp Inc. v. Helfer
Shareholders of bank in receivership have private right of action to enforce FDIC accounting and reporting requirements.
Banking Nov. 2, 2000
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrowers who induced loan.
Banking Sep. 21, 2000
Lavelle v. BankAmerica Corp.
National Bank Act doesn't pre-empt state age and sex discrimination claims also actionable under federal law.
Banking Sep. 21, 2000
Bank of America v. Pengwin
Mortgages recorded before necessaries lien arises aren't extinguished and take priority if they remain unpaid after lien is perfected.
Banking Jun. 19, 2000
FTC v. Mt. Olympus Financial L.L.C.
Order
Banking May 2, 2000
U.S. v. King
Defendant is not entitled to reduction in sentence where he completed all steps he believed necessary to commit bank fraud.
Banking Mar. 30, 2000
First National Insurance Co. v. Federal Deposit Insurance Corp.
Federal Deposit Insurance Corporation, as receiver for bank, doesn't need independent counsel to represent receivership estate.
Banking Feb. 8, 2000
Battista v. Federal Deposit Insurance Corp.
Judgment creditors, enforcing judgment after their contract was repudiated under Financial Institutions Reform, Recovery and Enforcement Act, aren't entitled to cash payment.
Banking Feb. 4, 2000
Peatros v. Bank of America NT & SA
Federal banking act preempts the state's Fair Employment Housing Act to the extent the laws conflict.
Banking Feb. 3, 2000
Wells Fargo Bank v. Arizona Laborers
Pursuant to triparty agreement, bank has no duty to disclose land developer's financial information to party financing development project.
Banking Jan. 19, 2000
ALLTEL Information Services Inc. v. Federal Deposit Insurance Corp.
Financial Institutions Reform, Recovery and Enforcement Act precludes recovery of damages for lost profits.
Banking Dec. 30, 1999
Roscoe v. Federal Home Loan Mortgage Association
Order
Banking Dec. 16, 1999
Franklin Savings Corporation v. United States of America
Allegations of bad faith of federal banking overseers are barred by discretionary-function exception.
Banking Nov. 23, 1999
Federal Deposit Insurance v. Noel
Scattered records at failed savings and loan doesn't prevent presumption barring claims and defenses.
Banking Nov. 23, 1999
In re: Hatley
Order
Banking Nov. 4, 1999
Federal Deposit Insurance Corp. v. Castetter
State, not federal, law sets standard for business judgment rule for directors of federally insured bank.
Banking Oct. 29, 1999
Steiny and Company, Inc. v. Citicorp Real Estate, Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.'
Banking Aug. 4, 1999
Federal Deposit Insurance Corp. v. Craft
Borrower may set off only direct compensatory damages arising from receiver's repudiation of bank's obligations.
Banking Aug. 3, 1999
Professional Collection Consultants v. Hanada
Statute of limitations governing FDIC's contract actions apply to its assignees.
Banking Jul. 30, 1999