· 3/21/2011
Geimer v. Bank of America, N.A.
Citations
- 784 F. Supp. 2d 926
- 2011 U.S. Dist. LEXIS 29236
- 2011 WL 1099269
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding state law claims sounding in tort and breach of contract were not preempted by the EFTA
- declining to dismiss a negligence claim against a bank at the pleadings stage because of the possibility that “an extra- contractual duty between banks and their depositors might permit such a claim”
- state common law contract claims not preempted because greater protection arising from longer limitations period
- allegations demonstrating a mere creditor-debtor relationship did not rise to level of fiduciary relationship
- the relationship between a bank and a depositor is “no more than ‘an arms-length transaction between debtor and creditor’” (quoting Miller v. Am. Nat’l Bank & Tr. Co., 4 F.3d 518, 520 (7th Cir. 1993))
Source: CourtListener parenthetical corpus (CC0).
Judges: Rebecca R. Pallmeyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.