26 Cited authorities

Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,243 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Day v. Taylor
400 F.3d 1272 (11th Cir. 2005) Cited 1,032 times
Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"
Fla. Power Light v. Westinghouse Elec
510 So. 2d 899 (Fla. 1987) Cited 159 times 4 Legal Analyses
Holding that buyer's claims for economic loss resulting from negligent design and manufacture of steam turbines were cognizable in contract but not tort
O'Halloran v. First Union National Bank of Florida
350 F.3d 1197 (11th Cir. 2003) Cited 94 times
Holding trustee could not prevail against bank on similar claim when representative of Ponzi scheme "embezzled" some of scheme's proceeds, stating, "[t]he bank is responsible only for making sure that the employee, at the time of the withdrawal, has the authority to make withdrawals on behalf of the accountholder entity"
El Camino Resources, Ltd. v. Huntington National Bank
722 F. Supp. 2d 875 (W.D. Mich. 2010) Cited 68 times
Holding that a bank's provision of routine banking services wasn't enough to show substantial assistance of fraud and conversion "unless the bank actually knew that those services were assisting the customer in committing a specific tort"
Baptista v. Jpmorgan Chase Bank
640 F.3d 1194 (11th Cir. 2011) Cited 52 times
Affirming district court's decision that deferred to OCC's Interpretive Letters for the definition of "customer" as used in § 7.4002
In re Agape Litigation
681 F. Supp. 2d 352 (E.D.N.Y. 2010) Cited 54 times 1 Legal Analyses
Holding that "red flags" only established constructive knowledge
Freeman v. First Union National Bank
865 So. 2d 1272 (Fla. 2004) Cited 54 times 3 Legal Analyses
Holding that FUFTA does not create "an independent tort for damages," such as liability for aiding and abetting a fraudulent transfer.
Armstrong v. American Pallet Leasing Inc.
678 F. Supp. 2d 827 (N.D. Iowa 2009) Cited 40 times 1 Legal Analyses
Finding no duty of care under the Banking Secrecy Act or Patriot Act owed by bank who had transferred money from corporate account to embezzler's personal account
Globe Motor Car v. First Fidelity
273 N.J. Super. 388 (Law Div. 1993) Cited 40 times 1 Legal Analyses
Noting that “[a]bsent a contractual duty, a bank has no obligation to manage, supervise, control or monitor the financial activity of its debtor-depositor and is not liable to its depositor in negligence for failing to uncover a major theft”
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 726.108 - Remedies of creditors
Fla. Stat. § 726.108 Cited 106 times 8 Legal Analyses
Rendering fraudulent transfers voidable and/or allowing recovery of judgment by plaintiff creditor in amount of transferred assets
Section 726.109 - Defenses, liability, and protection of transferee
Fla. Stat. § 726.109 Cited 90 times 7 Legal Analyses
Explaining that "to the extent a [fraudulent] transfer is voidable in an action by a creditor under s. 726.108, the creditor may recover judgment for the value of the asset transferred ... or the amount necessary to satisfy the creditor's claim"
Section 670.207 - Misdescription of beneficiary
Fla. Stat. § 670.207 Cited 16 times 1 Legal Analyses
(1) Subject to subsection (2), if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur. (2) If a payment order received by the beneficiary's bank identifies the beneficiary both by name and by an identifying or bank account number and the name and number identify different

Wiand et al v. Wells Fargo Bank, N.A. et al

26 Cited authorities

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"

Holding that buyer's claims for economic loss resulting from negligent design and manufacture of steam turbines were cognizable in contract but not tort

Holding that a bank's provision of routine banking services wasn't enough to show substantial assistance of fraud and conversion "unless the bank actually knew that those services were assisting the customer in committing a specific tort"

Affirming district court's decision that deferred to OCC's Interpretive Letters for the definition of "customer" as used in § 7.4002

Holding that "red flags" only established constructive knowledge

Holding that FUFTA does not create "an independent tort for damages," such as liability for aiding and abetting a fraudulent transfer.

Finding no duty of care under the Banking Secrecy Act or Patriot Act owed by bank who had transferred money from corporate account to embezzler's personal account

Noting that “[a]bsent a contractual duty, a bank has no obligation to manage, supervise, control or monitor the financial activity of its debtor-depositor and is not liable to its depositor in negligence for failing to uncover a major theft”

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Rendering fraudulent transfers voidable and/or allowing recovery of judgment by plaintiff creditor in amount of transferred assets

Explaining that "to the extent a [fraudulent] transfer is voidable in an action by a creditor under s. 726.108, the creditor may recover judgment for the value of the asset transferred ... or the amount necessary to satisfy the creditor's claim"