One of the issues that arises in check fraud situations is what type of cause of action can be used. In this case, the customer sued for negligence and the bank argued that the UCC preempted claims for negligence.
Doc Prep Fee - The Huntington Case
In this case, the United States Court of Appeals for the Ninth Circuit on April 12, 2002 held that a bankruptcy creditor's judgment claim would bear interest calculated using the federal judgment rate.
Court Gives Tips on Making Reaffirmation Agreement Statements "Clear and Conspicuous"
The U.S. Court of Appeals for the Ninth Circuit held that a bankruptcy trustee could not avoid a home mortgage lien that was created by a guarantor homeowner prior to the filing of bankruptcy.
The issue in the case was whether the FCRA creates a cause of action for a consumer against a furnisher of credit information.
How long does a customer have to discover a forged signature check? The UCC, in 4-406, says if it's been more than a year, the customer is precluded from passing the loss to the bank.
Even though the bank prevailed in this case from the 9th Circuit regarding allegations of improper disclosure of information concerning a former employee, it provides a good laundry list of the possible causes of action that might be raised by a f
How upset would you be if your paycheck was accidentally deposited into someone else's account? If you are a banker and that happens to one of your customers, your natural inclination is to want to try to help.
In this case, the U.S.