| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-104
|
Federal Deposit Insurance Corp. v. Estate Helsing
FDIC cannot unilaterally freeze debtor's accounts claiming authority to avoid fraudulent transfers. |
Banking |
|
Jul. 29, 1999 | |
|
B096857
|
Studwell Inc. v. Korean Exchange Bank
Beneficiary's interest in executory letter of credit is not property of the beneficiary subject to attachment. |
Banking |
|
Jul. 1, 1999 | |
|
B099983
|
Remington Investments Inc. v. Hamedani
Document from failed bank submitted to prove amount of debt owed by defendant is hearsay. |
Banking |
|
Jun. 30, 1999 | |
|
B101317
|
Newman v. Union Oil Co. of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances. |
Banking |
|
Jun. 26, 1999 | |
|
B101317
|
Newman v. Union Oil Company of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances. |
Banking |
|
Jun. 26, 1999 | |
|
96-35477
|
Brown v. Investors Mortgage Co.
Preemptive effect of residential loan exemption from state usury laws isn't limited to purchase-money mortgages. |
Banking |
|
Jun. 25, 1999 | |
|
95-56426
|
Goldblatt v. Federal Deposit Insurance Corp.
Individual retirement account is not special deposit entitled to preference in insolvent bank's asset distribution. |
Banking |
|
Jun. 24, 1999 | |
|
95-928
|
Atherton v. Federal Deposit Insurance Corp.
For savings institution's officers and directors' liability, state standard prevails if stricter than federal gross negligence standard. |
Banking |
|
Jun. 22, 1999 | |
|
94-56296
|
Ledo Financial Corp. v. Summers
Suit on unwritten loan agreement against receiver, Federal Deposit Insurance Corporation, isn't barred by 'D'Oench' doctrine. |
Banking |
|
Jun. 21, 1999 | |
|
92-35597 and 92-36535
|
Far West Federal Bank v. Office of Thrift Supervision
Statutory abrogation of regulator's agreement to loosen controls entitles investors to rescind agreement and recover investment. |
Banking |
|
Jun. 20, 1999 | |
|
B101583 and B104345
|
Oceanside 84 Ltd. v. Fidelity Federal Bank
Bank's calculation of new interest rate on adjustable loan 65 days before payment date isn't breach. |
Banking |
|
Jun. 20, 1999 | |
|
95-55288
|
Puerta v. United States
Bank can identify customer from federal agent's photograph and confirm possession of copy of passport. |
Banking |
|
Jun. 20, 1999 | |
|
95-35872
|
Reliance Insurance Co. v. U.S. Bank of Washington
Progress payment wired to account of defaulting contractor belongs to lending bank, not unpaid subcontractors. |
Banking |
|
Jun. 17, 1999 | |
|
97-5310
|
Beach v. Ocwen Federal Bank
Borrower's right to rescind for Truth in Lending Act violations expires three years after loan closing. |
Banking |
|
Jun. 16, 1999 | |
|
B107519
|
Serafin v. First Interstate Bank
Bank isn't liable for failure to record deed of trust reconveyance since certificate delivered to mortgagor. |
Banking |
|
Jun. 15, 1999 | |
|
95-56291
|
Sharpe v. FDIC
Aggrieved party to FDIC-breached contract isn't subject to Financial Institutions Act's mandated claims process. |
Banking |
|
Jun. 15, 1999 | |
|
96-55259
|
Federal Deposit Insurance Corp. v. Garner
Subpoenas seeking documents from targeted bank directors' relatives must meet higher level of scrutiny. |
Banking |
|
Jun. 15, 1999 | |
|
96-16736 and 19739
|
City and County of San Francisco v. Assessment Appeals Board for the City and County of San Francisco
Federal Reserve Board can remove local government's mandamus action concerning local property taxes against bank. |
Banking |
|
Jun. 12, 1999 | |
|
96-56710
|
Federal Deposit Insurance Corp. v. Garner
FDIC can invoke preliminary injunction asset freeze against former bank director absent allegations of fraudulent conduct. |
Banking |
|
Jun. 12, 1999 | |
|
B095859
|
RTC Mortgage Trust 1994-S2 v. Shlens
Exculpatory agreement is invalid when it isn't approved by bank directors or recorded. |
Banking |
|
Jun. 4, 1999 | |
|
97-70193
|
Credit Suisse v. U.S. District Court (Rosales)
Act of state doctrine bars action against bank after Swiss government freezes Ferdinand Marcos assets. |
Banking |
|
Jun. 3, 1999 | |
|
96-16157 and 96-16465
|
Federal Deposit Insurance Corp. v. Jackson
Showing of gross negligence is required to deny bank directors benefit of 'business judgment' rule. |
Banking |
|
Jun. 1, 1999 | |
|
S065752
|
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrower who induced loan. |
Banking |
|
May 25, 1999 | |
|
S065752
|
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrowers who induced loan. |
Banking |
|
May 22, 1999 | |
|
97-55300
|
Federal Deposit Insurance Corp. v. Mahoney
Value of obligation that is contingent when receiver is appointed does not constitute 'rent' due. |
Banking |
|
May 21, 1999 | |
|
96-843 and 96-847
|
National Credit Union Administration v. First National Bank & Trust Co.
Commercial banks have standing to seek federal court review of National Credit Union Administration's statutory interpretation. |
Banking |
|
May 19, 1999 | |
|
B108008
|
Spencer v. Sterling Bank
Check indorsed with payee's signature and 'for deposit only' may be deposited to any person's account. |
Banking |
|
May 11, 1999 | |
|
A077911
|
Yu v. Signet Bank/Virginia
Virginia doesn't have jurisdiction over its bank's credit card debt collection activities where debtor's only tie to Virginia is the credit card. |
Banking |
|
Mar. 29, 1999 | |
|
97-15534 and 97-15613
|
Beffa v. Bank of the West
Expedited Funds Availability Act doesn't pre-empt negligence and misrepresentation claims based on deposit to wrong account. |
Banking |
|
Mar. 26, 1999 | |
|
97-55168
|
Resolution Trust Corp. v. First American Bank
Deposit insurance transfer agreement isn't subject to requirement that adjustments be made within reasonable time. |
Banking |
|
Mar. 19, 1999 |
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