Search for: "CitiBank (South Dakota), N.A."
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16 Oct, 2008 1:00 pm
In Hoffman v. Citibank (South Dakota), N.A., ___ F.3d ___ (9th Cir. Oct. 14, 2008) (per curiam), the Ninth Circuit
remanded for the district court to re-determine whether, under California's choice-of-law rules, South Dakota or California law applies in assessing whether the credit
card contract's no-class ... be outcome-determinative, because the clause would be enforceable under South Dakota law (slip op. at 14492 n.2), but "would be
substantively unconscionable under California law ...
27 Oct, 2008 11:51 am
... additional lump sum finance charges being improperly imposed." Hoffman v. Citibank (South Dakota), N.A., ___ F.3d ___
(9th Cir. October 14, ... order, the Ninth Circuit noted that it reviews orders compelling arbitration de novo, and that "[a]n arbitration agreement governed by the Federal
Arbitration Act is presumed to be valid and enforceable ... law and therefore is enforceable if South Dakota law controls." Id., at 14495 n.2. However, the Circuit
Court held that the trial court erred in determining ...
7 Jan 11:00 am
... action suit against her credit card company, Defendant-Appellee Citibank (South Dakota) N.A. The district court found
that Hoffman was party to an arbitration agreement that waived ... grounds for a difference of opinion regarding a controlling issue of law, "whether California law or South
Dakota law should be used to determine the enforceability of the arbitration agreement," and issued ... South Dakota), N.A., No. B187081, 2007 WL 64763, at
8-9, 2007 Cal.App. Unpub. LEXIS 178, at 26 (Ct.App. Jan. 10 ...
11 Jun, 2008 8:40 am
... Richmond County (Staten Island) Civil Court, and involves a $16,000 Citibank credit card debt, plust a claim of $3000 in attorneys' fees.
Apparently, however ... individually and the general public." But there's more. Citibank claims to be located in South Dakota,
hence the "Citibank (South Dakota) NA" on their stationary, and ... decision would undoubtedly be appealed to the Appellate Term,
then to the Appellate Division, then to the N.Y. Court of Appeals, and -- if it went that far -- fought all the way ...
6 Nov, 2007 11:32 am
The Ohio Attorney General has sued Citibank South Dakota N.A. (Citibank) and
Potbelly Sandwich Works (Potbelly) for a promotion advertising free sandwiches to OSU students without disclosing that the students were ... item, and failed to disclose conditions
necessary to obtain an item of value. It appears that the promotion was run by an agent of Citibank, and that the AG named Citibank because it provided the agent with necessary materials and named Potbelly because it provided space in its store, ...
4 May, 2007 6:01 am
On April 26, 2007, the Supreme Court issued a "grant and hold" order in another "no class action" arbitration clause case, Firchow v. Citibank
(South Dakota), N.A., no. S150386. The Court of Appeal opinion in that case was unpublished; my original post is here. Briefing has been deferred pending resolution
of Gentry v. Superior Court, no. S141502.
8 Feb, 2007 6:00 am
Two recent unpublished opinions address "no-class-action" arbitration clauses: Firchow v. Citibank (South Dakota), N.A.
(January 10, 2007), no. B187081 (Second Appellate District, Division Seven). In Firchow, the Court of Appeal affirmed the trial court's holding that the defendant's "no class action"
arbitration clause was unconscionable under Discover Bank. In re Cingular Cases (January 16 ...
28 Apr 6:19 am
... lending, which the NBA specifically does authorize. The Court's decision in National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005) further
demonstrates that the OCC could properly overrule St. Louis ... which, everyone agrees, Congress intended to preempt state law - a distinction embraced by the Court in Smiley v.
Citibank (South Dakota), N.A. In its brief, the OCC - represented at the Court by the Solicitor General - conducted a
reverse-Chevron analysis, beginning by ...
24 Oct, 2008 5:30 pm
... last week addressed choice of law considerations in the context of a class wide arbitration waiver. In Hoffman v. Citibank (South
Dakota), N.A., the Ninth Circuit held that the district court's analysis of California choice of law was flawed, ... sued Citibank, alleging that Citibank had improperly retroactively increased cardholders' interest rates, among other
things. Citibank removed the case to federal court and moved to compel arbitration. The district court applied South Dakota law
pursuant ...
24 Oct, 2008 5:30 pm
... last week addressed choice of law considerations in the context of a class wide arbitration waiver. In Hoffman v. Citibank (South
Dakota), N.A., the Ninth Circuit held that the district court's analysis of California choice of law was flawed, ... sued Citibank, alleging that Citibank had improperly retroactively increased cardholders' interest rates, among other
things. Citibank removed the case to federal court and moved to compel arbitration. The district court applied South Dakota law
pursuant ...
15 May, 2007 12:55 pm
The Indiana Supreme Court has today granted transfer in the case of Porter County Development Corporation v. Citibank (South
Dakota), N.A. Here is a link to the 10/18/06 CA opinion by Judge Friedlander. The opinion concluded: A plaintiff ... the other. Id. In the instant case, none of the
conditions giving rise to a constructive trust are present. PCDC concedes Citibank obtained the funds from Vincent in good faith and without
knowledge of Vincent's misappropriation. Further, nothing in the record ...
15 Aug, 2008 9:08 am
... R. HUSTON; from Denton County; 2nd district (02-07-00117-CV, 251 SW3d 808, 03-20-08, pet. denied Aug 2008)(dispute over access to and fees associated with an airstrip, easement,
declaratory judgment) 08-0425 KENNETH J. MAGNUSON v. CITIBANK (SOUTH DAKOTA) N.A.; from Denton County; 2nd district
(02-06-00465-CV, ___ SW3d ___, 02-14-08, pet. denied Aug 2008) (credit card suit, Rule 12 motion, failure to ...
27 Oct, 2008 7:00 am
... posts at The Complex Litigator. Always reliable, University of San Diego School of Law Professor Shaun Martin of California Appellate Report summarizes a California Court of Appeal
opinion that addressed an internecine dispute within the Episcopal Church. Attorney Martin N. Buchanan of San Diego maintains California Supreme Court Pending Civil Cases. The
site takes the form of a single blog post and summarizes the civil cases now pending before the California Supreme Court, organized by subject ...
8 Apr 1:44 am
... , No Proper Review Of Child Support Agreement Under §516 In re Barbara N., petitioner-appellant v. James H.N., respondent-respondent NEW YORK COUNTY Landlord/Tenant
Law Landlord's Interpretation of ... to Obtain Original Birth Certificate Matter of Victor M.I.I. NASSAU COUNTY Creditors' and Debtors' Rights Citibank Can Accept Partial Payment, Not Waive Rights To Recover Remainder Due on Credit Card Citibank (South
Dakota) NA v. Maniaci WESTCHESTER COUNTY Family Law Absent Proof of Petitioner's ...
14 Feb 11:56 am
... stage. Id. at 315. The Third Circuit disagreed with the lower court's approach. Noting that "[a]n overlap between a class certification requirement and the merits of a claim
is no reason to ... who later seek to attack the preclusive effect of the judgment. Stephenson, 273 F.3d at 258 n.7. Because neither the district court in 1984 nor the Second
Circuit in its later review ... . Superior Court, 36 Cal. 4th 148, 153 (2005); Hoffman v. Citibank (South Dakota), N.A.,
546 F.3d 1078, 1083 (9th Cir. 2008). ...
29 May 8:02 am
Norm Silber of Hofstra was kind enough to send me a list of Supreme Court nominee Sonia Sotomayor's consumer protection opinions. They are: Carrier v. Citibank (South Dakota), N.A., 180 Fed. Appx. 296; 2006 U.S. App. LEXIS 12447 (2d Cir. 2006); Dabit v. Merrill ... v. Micom Corporation,
1997 U.S. Dist. LEXIS 3404; 1997-1 Trade Cas. (CCH) P71,753 (S.D.N.Y. 1997); Aequitron Medical, Inc. v. CBS, Inc., 1994 U.S. Dist. LEXIS 942; 22 Media L. Rep. ...
12 Sep, 2008 1:00 pm
... New York, it's wise to keep in mind the provisions of Rule 37 before making a motion to compel discovery. Milagros Reyes file a Chapter 7 bankruptcy case, and was sued by
Citibank (South Dakota), N.A. by its counsel, Solomon and Solomon, P.C. Solomon served its first discovery request on ...
The case is In re Reyes, Slip Copy, 2008 WL 724169 (Bankr.S.D.N.Y. 2008). addthis_url =
'http%3A%2F%2Fwww.newyorkbankruptcylitigation.com%2F2008%2F09%2F12%2Fcooperate-in-discovery- ...
23 Feb, 2007 9:00 pm
... , and S141753 Jones v. Citigroup. Two unpublished appellate opinions issued in January are also awaiting Supreme Court review on the issue of whether arbitration clauses that
purport to ban class actions should be upheld or stricken as unconscionable. In Firchow v. Citibank (South Dakota), N.A.
(January 10, 2007), no. B187081 (Second Appellate District, Division Seven), the Court of Appeal affirmed the trial court's ...
27 Apr, 2007 3:00 pm
... -and-hold review has been taken by the Supreme Court regarding enforcement of class action prohibitions in employment arbitration agreements. In Firchow v. Citibank (South Dakota), N.A., the court ordered: Petition for review after the Court of Appeal reversed an order denying a motion to
compel arbitration. The court ordered briefing deferred pending decision in Gentry v. Superior Court, S141502 (#06-46), which presents ...
4 May, 2007 11:00 am
... four companion cases: S148581 Dunn v. Superior Court (Kroger Co.), S141677 People v. Vasquez, S141753 Jones v. Citigroup, and S150386 Firchow v. Citibank (South Dakota), N.A. The case we thought might become a fifth companion case, In re Cingular Cases, was never presented to the
Supreme Court for review (two requests for publication were denied.) The list of amici is long and distinguished. We haven't heard yet who ...
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