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Name Category Published
De La Fuente v. FDIC
Board must reconsider permanent removal of bank director who arranged self-interested loans. 		Banking Aug. 3, 2003
Hirsch v. Bank of America
Plaintiffs' unjust enrichment claim based on excessive bank fees charged to title companies and passed onto plaintiffs survives demurrer. 		Banking Jun. 25, 2003
Bjustrom v. Trust One Mortgage Corp.
Lender's payment of yield spread premiums and service release premiums to mortgage broker doesn't violate law or breach loan agreement. 		Banking Apr. 1, 2003
Gibson v. World Savings and Loan Association
Plaintiffs' state claims are not pre-empted by federal regulations of Home Owners' Loan Act. 		Banking Feb. 4, 2003
Miguel v. Country Funding Corp. (Dubin)
Subject matter jurisdiction does not exist where homeowner failed to notify bank of cancellation within three-year period. 		Banking Jan. 15, 2003
The Bank of America v. City and County of San Francisco
City ordinances prohibiting banks from charging ATM fees to nondepositors are pre-empted by federal banking laws. 		Banking Nov. 5, 2002
Espresso Roma Corp. v. Bank of America
Complaint against bank for payment of forged checks is properly dismissed where bank established prima facie case that it exercised ordinary care. 		Banking Oct. 8, 2002
Park Terrace Limited v. Teasdale
Summary judgment is proper in actions against lender based on exemption for loans arranged by licensed real estate broker. 		Banking Oct. 2, 2002
Cochran Investment Co. Inc. v. Bank of America
Delayed discovery of bank's liability for taking negotiated instrument from fiduciary will not be barred by statute of limitations. 		Banking Sep. 24, 2002
Universal Marketing and Entertainment Inc. v. Bank One of Arizona
Creditor did not commit conversion by garnishing account that contained unsegragated funds. 		Banking Sep. 23, 2002
Flowers v. First Hawaiian Bank
Bank's compliance with unlawful Article 32 subpoena without obtaining certificate of compliance from Army isn't exempt from Right to Financial Privacy Act. 		Banking Sep. 17, 2002
Gold Country Lenders v. Smith (In re Smith)
Borrower must establish detrimental reliance to receive actual damages resulting from creditor's violation of Truth In Lending Act. 		Banking Aug. 8, 2002
The Money Store Investment Corp. v. Southern California Bank
Triable issue of fact exists concerning bank's dispersal of loan proceeds contrary to escrow instructions. 		Banking Aug. 7, 2002
Trustmark Insurance Co. v. Bank One, Arizona, NA
When 'Letter of Instructions' imposes conditions other than time of payment, it is not 'payment order' under UCC. 		Banking Jun. 18, 2002
U.S. v. Boren
Federal statute criminalizes false statements in connection with any bank application or commitment, not just those relating to loans. 		Banking Mar. 26, 2002
U.S. v. Schild
Sentencing for bank fraud conviction may be enhanced according to 'intended' rather than actual loss. 		Banking Dec. 13, 2001
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
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