Search for: "Discover Bank"
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3 Oct, 2008 5:57 pm
... for it to determine the true party in interest and the existence of a federal question. On remand, the district court determined that Discover Bank is the real party in interest and that Vaden's state court claims were "completely preempted" by
federal ... respect for the choices of the plaintiff. Here, by contrast, that concern is not implicated because the state court plaintiff (the Bank) is also filing the motion to compel. Furthermore, cases such as Holmes did not involve Section 4 of the FAA, ...
19 Mar 12:56 pm
... arbitration agreement. The dissent argued that the "controversy" to be decided by the Court should be the subject matter of the arbitration. Whether Discover Bank charged illegal finance charges, interest, and late fees, which is controlled by ... first sought
court adjudication of the dispute, and it was not until Vaden countered with class-action allegations, when Discover invoked the arbitration
clause contained in the cardholders' agreement. Usually, it is the defendant party the one who files to ...
13 Mar 4:11 pm
... Arbitration Act, 9 U.S.C. §1 et seq. ("FAA"). In Vaden, Discover Bank's servicing affiliate filed
a Maryland state court action to collect an unpaid credit card balance, asserting only state law claims. Vaden counterclaimed, asserting Discover's finance charges, interest, and late fees violated Maryland law. ... not form the basis of federal court jurisdiction for purposes of a §4 petition.
The Court noted that Discover Bank could move to compel arbitration in Maryland state court under
state law ...
7 Jun, 2007 6:23 am
... v. AT&T (see also BellSouth v. Christopher). California beat Florida to the punch with a murky decision in Discover Bank which said that, "in at least some instances," class action waiver is unconscionable. Not terribly helpful. Westlaw ... after finding an "element" of
procedural unconscionability in the "bill stuffer, take-it-or-leave-it" method of delivery. Apparently since Discover Bank, California courts have concluded that bill stuffers with a recision period cures that alleged defect. In ...
9 Mar 11:20 am
... and violation of state statutes regulating credit card fees and charges. Discover Bank then
petitioned a federal district court seeking to compel arbitration of Vaden' ... US Supreme Court really decided two separate questions, one in favor of the bank, and one in favor of Vaden. The holding: A federal court may "look through ... restricts the ability of federal courts to enforce agreements to
arbitrate." In the dissent's view, "Discover's petition does not seek to arbitrate its state-law debt-collection ...
7 Oct, 2008 12:22 am
Vaden v. Discover Bank, 07-773 presents the issue of whether a federal court has jurisdiction over a
suit to compel arbitration when the suit to compel arises under state law (the Federal Arbitration Act does not independently confer federal jurisdiction),...
9 Mar 11:54 am
Today, the Supreme Court held in Discover Bank v. Vaden,
http://www.supremecourtus.gov/opinions/08pdf/07-773.pdf, that a district court should "look through" a petition to compel arbitration to determine whether the case is predicated on a
controversy that "arises under" federal law. Jurisdiction cannot be established, however, by a counterclaim if the whole complaint does not "qualify for [...]
24 Mar, 2008 12:36 pm
Ross Runkel mentions the Vaden case at: http://www.lawmemo.com/arbitrationblog/ Both scotusblog and lawmemo have the briefs available at http://www.lawmemo.com/supreme/case/vaden/ and
http://www.scotusblog.com/wp/todays-orders-23/. Runkel mentions that the case will not be argued until Fall of 2008.
9 Mar 1:00 pm
I very rarely post about United States Supreme Court cases, on the theory that they already receive a massive amount of attention and don't need much more from me. But I thought I'd
make an exception -- albeit a brief one -- for this case. Because (1) it's a civil procedure case, and (2) on an arcane jurisdictional point, and hence probably won't get much play from
anyone other than us (pathethic) civil procedure professors. And also because it's got a neat little makeup. Indeed, as far as I ...
9 Mar 9:08 am
... waiver or other percolating issues. Don't look for this case to be covered on local news. The case of Betty A. Vaden v. Discover
Bank involves technical questions of federal jurisdiction as raised under section 4 of the Federal Arbitration Act. ... have jurisdiction under
the FAA to compel arbitration. Again, most of this opinion is more about jurisdiction rather than arbitration. Discover sued Vaden for $10k
owed on her credit card. The suit was filed in Maryland state court and applied state law ...
26 Aug 12:37 pm
... victory for consumers. However, as David Lazarus reported in Sunday's edition of the LA Times, Bank of America's decision to drop the
arbitration requirement does not mean that it is ending ... public policy (such as where the waiver is included in a contract's fine print). See Discover Bank v. Superior Court (Boehr), 36 Cal.4th 148, 158 ... 2005). However, many states permit class action
waivers in consumer contracts. Thus, Bank of America's decision is just the first step in protecting consumers' rights ...
10 Aug, 2006 12:07 pm
Those of you following court developments surrounding "no class action" arbitration clauses will be interested to read Muhammad v. County Bank,
___ A.2d ___ (N.J. Aug. 9, 2006), handed down yesterday. In Muhammad, the New Jersey Supreme Court invalidated such a clause, relying in part on Discover Bank v. Superior Court, 36 Cal.4th 148 (2005). [Hat tip: How Appealing]
25 Nov 8:17 am
... estimates the total amount at $533,000. According to reports, SouthBank President Art Freeman said bank officials discovered an
irregularity on a Friday afternoon last August. After completing an internal investigation the following Monday, bank officials ... was
cooperative. The Huntsville prosecutor's office alleges that Sherrill used ATM ledgers and avoided bank cameras as a part of the scheme,
according to the indictment. This initial indictment is just the first phase in the process of criminal ...
8 Dec, 2008 2:15 pm
... of the case hasn't yet been told. The settlement has sparked a potentially nasty (and expensive) oedipal battle, with Discover accusing its
now struggling former parent, Morgan Stanley, of forcing it into a premature deal in order to score some much ... rival credit card companies Visa and MasterCard. Under the terms of
Morgan Stanley's 2007 spinoff of Discover, the bank was entitled to almost half of Discover's antitrust recovery--up to a total payment of $1.5 billion. So even though Discover had ...
23 Nov 7:22 pm
... Ohio: John Ford was so eager to avoid arrest that he may have eaten the evidence that would help convict him. Ford was suspected in a bank
robbery during which he reportedly passed a note to one of the tellers demanding money. After police matched his car to a witness' description, the police pulled Ford over and
discovered a bag of money in his car. Afterwords while emptying his pockets, Ford grabbed a piece of paper in his mouth and proceeded to ...
1 Oct, 2008 3:20 pm
... .) As reported in the feature story, when I informed Marks of the amended release, Marks expressed exasperation at the "power" of the bank
to "influence" the Justice Department to "potentially help the wrongdoer" in pending civil litigation. But he also insisted that the ... the bank signed the non-prosecution agreement, because that's the first time Russia discovered that the bank had
been criminally involved. Since the bank had until then always protested its innocence, Marks believed that when ...
28 Oct 2:08 am
... transfers throughout the week that totaled over $588,000. Patco discovered the fraud on May 13, when one of its co-owners found a notice from Ocean Bank in his mailbox, stating that several recent transfers had been rejected. ... 4A-202, a security procedure can be "deemed commercially reasonable if (i)
the security procedure was chosen by a customer after the bank offered, and the customer refused, a security procedure that was reasonable for
that customer, and (ii) the customer expressly agreed ...
23 Oct, 2007 4:20 pm
... a request for them to file written answers to the lawyer's written questions (called interrogatories), subpoenas for documents from banks, credit card companies, etc. Often
lawyers will use multiple methods of discovery in an effort to obtain complete ... us, and the values were higher. In all, the difference was that he showed a net worth on the financial
statement provided to the bank that was nearly $2.5 million dollars - increasing the marital estate for the divorce judge to divide by about $2
...
29 Oct, 2007 7:47 pm
... statement he provided to us, and the values were higher. In all, the difference was that he showed a net worth on the financial statement provided to the bank that was nearly $2.5 million dollars - increasing the marital estate for the divorce judge to divide by about $2 million! My client now ... a good one -
make sure that your lawyer does a thorough job of discovery. And, make sure that you let him. Source: "Discovering Hidden Assets" by Michael Sherman, published at his Alabama
Family Law Blog.
31 Mar 4:47 am
... U.S. taxpayer customers, the IRS has announced that it will be more lenient with holders of offshore banks accounts who come forward voluntarily, Tax-News.Com reports: IRS
Commissioner Doug Shulman ... told reporters on March 26. Current law provides that, [I]f IRS investigators discover during the course of an
audit that a taxpayer has not declared money held in offshore ... program. If you do not do so and the U.S. discovers your non-compliance on its own, you can expect it to assess
the full amount ...
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