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5 May, 2008 6:00 am
Ross v. Bank of America, N.A., ___ F.3d ___ (2d Cir. Apr. 25, 2008), is technically an antitrust case, but the Second Circuit's
... prices or more services as "a basic antitrust objective"); FTC v. Ind. Fed'n of Dentists, 476 U.S. 447, 459 (1986) ("A refusal to compete with respect ... assuming that the
cardholders might be able to void that limitation when an actual dispute arises by opposing the banks' motion to compel arbitration via a claim of antitrust collusion, that
possibility is more theoretical ...
26 Jan 6:00 am
In the published portion of Pineda v. Bank of America, N.A., ___ Cal.App.4th ___ (Jan. 21, 2009), the Court of Appeal (First
Appellate District, Division Three) held that Labor Code "section 203 penalties may not be recovered as restitution under Business and Professions Code section 17203." Slip op. at 2;
see id. at 7-10. The practical result of this holding is that, while the unpaid wages themselves may be recovered as UCL restitution (see Cortez v ...
17 Mar 6:05 am
... may be performed on the next business day without any adverse consequence," but that the Bank violated these statutes by "charging late
fees or interest for credit card payments ... due if the payment was posted on the Holiday due date.'" Miller v. Bank of America,
N.A. (U.S.A.), 170 Cal.App.4th 980, 88 Cal ... statutes" at issue in the class action. Id., at 725. The class action sought to enjoin the Bank from further violations of the statutes, and sought also restitution for the members of the class. Id ...
18 Nov, 2008 8:16 pm
... actually declared for such dividend period), and shall be subject to the approval of the appropriate Federal Banking Agency. Following the redemption in whole of the
Designated Preferred Stock held by the Treasury, the financial ... Corporation agreed to issue 600,000 of Bank of America's Fixed Rate
Cumulative Perpetual Preferred Stock, Series N; and a warrant to purchase 73,075, ... /Warrants $1,576,000,000 at Par 11/14/2008, SunTrust Banks, Inc., Atlanta GA:
Purchase Preferred Stock w/Warrants $3,500, ...
22 Dec, 2006 4:51 am
... , 15 U.S.C. § 1693 (EFTA), as well as certain state consumer protection laws. Brown v. Bank of America, N.A., ___ F.Supp.2d
___, 2006 WL 2989031, *1 (D. Mass. October 17, 2006). ... cannot establish any damage resulting from the language used in the notice or the placement of the notice. Id. As to the EFTA
claim, Plaintiffs' argued that the Bank was required to disclose that the fee "will" be charged because it was "overwhelmingly likely" - at
least in certain circumstances - that the fee would be ...
10 Jul, 2008 12:15 pm
... , asserting that federal court jurisdiction existed under the Class Action Fairness Act (CAFA). Siepel v. Bank of America,
N.A., 526 F.3d 1122, 1124 (8th Cir. 2008). The allegations underlying the class action were ... narrowly. Seipel, at 1127. Based on Supreme Court precedence, the Eighth Circuit
held that the fraud allegedly committed by the Bank "coincided" with a securities-transaction, id. The Circuit Court explained at page 1127,
"The Plaintiffs' complaint alleges nondisclosures that clearly ...
30 Apr, 2008 5:12 am
... to accept mandatory arbitration clauses in their cardholder agreements." Ross v. Bank of America N.A., ___ F.3d ___ (2d Cir.
April 25, 2008) [ ... Civ. 7116 (WHP), 2006 U.S. Dist. LEXIS 66986 (S.D.N.Y. September 20, 2006). (A copy of the district court order dismissing the class action ... The harms
claimed by the cardholders, which lie at the heart of their Complaint, are injuries to the market from the banks' alleged collusion to impose a mandatory term in cardholder
agreements, not injuries to any ...
1 Jul, 2008 12:33 pm
Per Kutten v. Bank of America, N.A., --- F.3d ----, 2008 WL 2406232 (8th Cir. June 16, 2008): Background: Trust beneficiaries
brought class action against bank, as trustee, alleging breach of fiduciary duty, breach of contract, and related claims, in connection with
bank's alleged plan to convert trust assets into mutual funds owned by bank. The United States
District Court for the Eastern District of Missouri, Paul A. Magnusen, J., 2007 WL 2485001, dismissed action. ...
29 Jan, 2008 6:00 am
... 2d 92, ___, 126 S.Ct. 2145, 2155].) Id. at 3 n.2. The opinion goes on: SLUSA provides in relevant part: "Limitations on remedies [] (1 ... whether that conduct coincides with
a transaction involving a covered security. (Kutten v. Bank of America, N.A. (E.D.Mo., Aug. 29, 2007, Civ. No. 06 ... omissions
are couched in terms of a fiduciary duty or claims of fraud, they are, in essence, claims that the Bank misrepresented or omitted key
information about the securities transactions in which they were involved ...
22 Apr 5:02 pm
Today, the Supreme Court took up two cases involving UCL issues. First, the Court granted review in Pineda v. Bank of America, no.
S170758, in which the Court of Appeal (First Appellate District, Division Three) held that Labor Code "section 203 penalties may not be recovered as restitution under Business and
Professions Code section 17203." Pineda v. Bank of America, N.A., 170 Cal.App.4th 388, 390 (2009) (discussed in this blog post).
That opinion is no longer ...
15 May, 2008 9:53 pm
... , James Gorman, and executive vice president and chief financial officer, Colm Kelleher, discussed the investment bank's growth strategies
as it looks to stabilize and build its business in the wake of a global credit crisis. Growth through acquisitions ... Morgan Stanley's third and final stage of growth in its global
wealth management, Gorman said during the presentation. Latin America, India, China and the Middle East are the international areas Morgan Stanley is targeting for growth, while
it is ...
28 Sep 6:57 am
Shahin Kashanchi, 46, Telluride, Colorado, was arrested in connection with a scheme to defraud Citibank, N.A. and HSBC Bank USA,
N.A. According to the Complaint filed in Manhattan federal court and other documents: Kashanchi is the brother-in-law of Hassan Nemazee, who was arrested on August 25, 2009, and
subsequently indicted for defrauding Citibank, HSBC, and Bank of America, N.A., of … Read More...
21 Nov 5:10 am
Bad week for BofA. For several reasons, but in the case of this post: S.D.N.Y. Judge Denny Chin ruled earlier this week that plaintiffs proceeding before him against BofA are
entitled to whatever documents BofA has produced to date. To be clear, this includes the otherwise privileged documents that BofA agreed to produced to Cuomo, the SEC, Congress ... It
is speculated the protective order those documents were produced under (and was conceivably requested to prohibit any other parties from ...
7 Nov 9:21 am
... victims of the Bank's alleged misconduct now pay the penalty for that misconduct…. * * * [I]n all its voluminous papers protesting
its innocence, Bank of America never actually provides the Court with the particularized facts that the Court ... Consent Judgment was a
contrivance designed to provide the S.E.C. with the facade of enforcement and the management of the Bank with a quick resolution of an
embarrassing inquiry-all at the expense of the sole alleged victims, the shareholders. Even under the ...
20 Dec, 2007 1:45 am
... obligaciones contraídas por la primera. En cuanto a la legitimación de las co-accionantes "Discount Bank Latin America S.A."
y "Banco Sudameris, Sucursal Uruguay", aclararon ... el decreto 214/02 y normas concordantes, y que, en razón de ello, los pagos efectuados por "la prestataria" de las cuotas
vencidas en junio y ... pago en Dólares (…) por "razones de onerosidad sobreviniente conforme con la legislación vigente en la Argentina"; (…) "(ii) ejercer cualquier derecho que
estuviera disponible de cumplir ...
19 Jan, 2007 5:48 am
... re Am. Hobby Ctr., Inc., 223 B.R. 275, 281 (Bankr. S.D.N.Y. 1998)). The Court granted standing to the Debtor here, nunc pro tunc, because (i) ... Cir. 1987), cert. denied,
485 U.S. 1035 (1988). As such, as of the Petition Date, Bank of America had no legal obligation to abide by the restraining notice. By
using the precedent of In LNC ... Inc., 1997 WL 282264, at *1 (S.D.N.Y. May 28, 1997)). By failing to release the restraint quickly, Bank of America violated the automatic stay. In re Adomah, Chapter 7 ...
28 Nov, 2006 4:48 am
... Bank (GDB) after a yearlong bidding war with France's Société Générale SA and China's Ping'An Insurance, which marked a climax of
... October 2002 that Newbridge Capital Inc. had acquired a stake of 18.02 percent in the bank through an investment of new capital and the
acquisition of existing holdings from state shareholders. ... a vision of serving a growing group of multinational clients who do business in China. For instance, Bank of America and CCB co-introduced free wire transfer service between the ...
22 Dec, 2007 2:57 am
... por la primera de las sociedades prestatarias. Discount Bank of America S.A. y Banco Sudameris Sucursal Uruguay ambos también
domiciliados fuera de nuestro territorio patrio ... medio de la autonomía material resulta la posibilidad de que las partes excluyan mediante la incorporación de una cláusula
contractual en sentido contrario, las normas de policía de la lex contractus ... Los efectos…" cit., p. 483 y ss.). De no compartirse la solución que aquí propicio, si tenemos en
cuenta que la ley aplicable al ...
29 Oct, 2007 10:00 am
... a hodge-podge of methods and devices, some invented more than a century ago, are being used.[9] The Help America Vote Act of 2002 (HAVA) grants, among other things, money to
precincts to update their voting apparatus ... mistakes that were made, so they can be corrected. Just as importantly, everyone interested in buying the product, or using the
bank, can be confident in the strength of the security. A real-world example of this principle was the creation of AES, the government Advanced
Encryption ...
4 Jul 4:02 pm
... the Declaration of Independence can easily spill its banks and serve as a basis for unruliness of all kinds. It has as easily served to justify the secession of the short
lived Confederate States of America as it has for the revolutionary change in the constitutional ... vacantes en caso de falta absoluta de alguno de ellos; 21. Nombrar comisiones
especiales para la investigación de asuntos de interés nacional. La comparecencia a requerimiento de dichas comisiones, será obligatorio bajo los mismos ...
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