United States v. Polonio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that World Savings Bank’s conduct before its merger with Wells Fargo would be governed by HOLA where appropriate, while Wells Fargo’s own conduct after that date would not
• allowing restitution claims to proceed against 4 defendants with whom the plaintiffs had no contract, finding they adequately pled that defendants 5 unjustly received and retained a benefit from plaintiffs in the form of the insurance premiums 6 plaintiffs paid
• doctrine inapplicable because plaintiff had not challenged lawfulness of rate, but bank’s decision to choose insurer to pay a kickback
• breach of implied covenant claim pleaded by 7 alleging defendant improperly exercised discretionary power
• as to defendant bank, the plaintiffs challenge was not to the lawfulness of the insurer’s rate, but to the bank’s decision to choose that insurer to obtain a kickback and thus, such claims were not prohibited by the filed rate doctrine
• collecting cases and denying defendants’ motion to dismiss, backdating claims

Source: CourtListener parenthetical corpus (CC0).