Paul Miller, individually and on behalf of others similarly situated v. Bank of America N.T. & S.A.
Published: Jun. 14, 2005 | Result Date: Feb. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: CGC99301917 Verdict – $75,077,800
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
James C. Sturdevant
(The Sturdevant Law Firm)
Thomas J. Brandi
(The Brandi Law Firm)
Defendant
Arturo J. Gonzalez
(Morrison & Foerster LLP)
Joseph S. Genshlea
(Joe Genshlea Law & Mediation)
Experts
Plaintiff
Bruce McFarlane
(technical)
Reed F. Simpson
(technical)
Eric Kingson
(technical)
Defendant
William Zuendt
(technical)
Facts
Plaintiff Paul Miller was a 36-year-old disabled photographer who had his monthly Supplemental Security Income benefits deposited directly into his checking account at defendant Bank of America. In January 1998, the defendant incorrectly credited $1,799.83 to the plaintiff's account. The plaintiff believed the deposit was a retroactive adjustment to his federal benefits. However, after the defendant discovered its error, it reversed it. As a result, the plaintiff's account became overdrawn. When the plaintiff's next monthly payment was directly deposited, the defendant seized it to cover the overdraft. The defendant also seized the payments for the following two months.
Result
The trial court expanded the jury's award to $284,385,741, the total amount of overdraft fees seized by the defendant. The court's award included $1,000 to each class member who paid an NSF fee with Social Security funds.
Other Information
The bank has filed a notice of appeal and a writ of supersedeas seeking a stay of the trial court's ruling.
Poll
____ -____ (what issue?)
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390