Banking
Sep. 2, 2011
Reality check: A bank’s liability is not that simple
Don't be cavalier in thinking that proving liability against a bank is a snap.
Jill Switzer
Mediator, Alternative Resolution Centers
Formerly assistant general counsel at Bank of the West, Jill mediates employment, Commercial Code, business, elder financial abuse and real estate matters.
Raise your hand if you think that a bank is absolutely liable when you make a check claim, be it forged maker signature, altered or raised amount, or some other issue. C'mon, let's see that show of hands. Don't be bashful, and that goes for mediators as well (in particular, several mediators who shall remain nameless - thank you for telling the plaintiff that the bank is "absolutely liable" in those situations, thus making such cases harder to resolve.)
Absolutely liable, right?...
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