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Consumer Financial Services Litigation

Experience is a must for attorneys involved in any form of complex litigation. LeClairRyan's Consumer Financial Services Litigation Practice Area Team has a proven track record of representing banks and other financial institutions to successfully solve problems and resolve disputes.

Our Team consists of 25 lawyers who are regularly involved in all aspects of banking and consumer financial services litigation. We seek to understand our clients' business objectives and develop practical solutions from the outset of each case in order to effectively and efficiently handle the disputes we are retained to resolve. We have the ability and depth to give each case the attention and preparation it requires, supplying both substantive knowledge about the legal issues and familiarity with the jurisdictions within which we litigate. In the event that practical solutions are not effective, our Team is experienced in the court room and has taken many cases to verdict.

Our Team handles all forms of dispute resolution, including state and federal court litigation, mediation, and arbitration. We represent our clients in a wide variety cases, including cases involving:

  • Fraud
  • Account disputes
  • Check kiting
  • Embezzlement
  • Check forgeries, alterations and other issues under the Uniform Commercial Code
  • State and federal banking laws and regulations
  • Negotiable instruments
  • Contract disputes
  • U.C.C. repossession and foreclosing security interests
  • Asset collections
  • Consumer protection litigation under federal and state consumer protection laws, including the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Truth in Lending Act, and Equal Credit Opportunity Act

Representative engagements:

  • Obtained defense verdict in federal court, affirmed on appeal, for national bank in four-day jury trial involving $8 million international wire-fraud claim.
  • Successfully represented national bank and obtained defense verdict in federal court after 3-1/2 week jury trial in which investors who fell victim to $32.6 million Ponzi scheme sought to recover from bank based on claims of aiding and abetting, conversion and negligence.
  • Successfully moved to dismiss $5,000,000 claim brought by Ponzi scheme victim against national bank.
  • Obtained summary judgment in federal court, affirmed on appeal, in favor of national bank against customer alleging fraud and violations of the Truth In Lending Act.
  • After two-day trial, obtained jury verdict in favor of community bank against customer alleging that bank wrongfully paid more than $800,000 in forged checks drawn on customer’s account.
  • Successfully represented bank in obtaining federal injunction against national RV condo park company, then conducted court-ordered, expedited forensic examination of books and records of company with accounting team and discovered double set of books.
  • In federal district court, obtained dismissal of claims brought by 8 plaintiffs against a bank alleging securities fraud and fraud under the Interstate Land Sales Full Disclosure Act arising out of loans made to plaintiffs to purchase condominiums in Florida.
  • Obtained summary judgment for a national bank against customer alleging violations of the Fair Debt Collection Practices Act.
  • After a bench trial, obtained judgment for a national bank against customer’s allegations that funds in joint account were improperly paid to other account owner.
  • Successfully defended a national bank in a bench trial where plaintiff alleged that certificate of deposit was improperly paid.
  • In federal court suit seeking $750,000 for breach of an employment contract, obtained summary judgment for bank subsidiary accused of improperly terminating employee.
  • Successfully obtained dismissal of disability discrimination claim brought against bank.
  • Obtained summary judgment in favor of Long Term Disability Plan in ERISA action alleging wrongful denial of long term disability benefits.
  • Obtained summary judgment for bank on claims relating to unpaid loans to foreign government.
  • Obtained summary judgment for bank in suit by customer alleging that ex-husband fraudulently pledged her property as collateral for loan.
  • Obtained summary judgment for bank in dispute alleging bank wrongfully debited customer's account.
  • In Bankruptcy Court, and subsequently affirmed in district court, obtained dismissal of trustee's claim against bank alleging wrongful withdrawal from account.
  • In Bankruptcy Court, successfully moved to dismiss debtor's complaint alleging that bank withheld offer of employment solely because debtor was in bankruptcy.
  • After a trial in Bankruptcy Court, obtained judgment (affirmed on appeal to district court and Fourth Circuit Court of Appeals) that trustee did not breach fiduciary duty in conducting foreclosure sale.
  • Successfully moved to dismiss federal securities fraud class action against national bank alleging fraud in connection with reporting of bank’s loan loss reserves.
  • Obtained summary judgment on behalf of mortgage company in mortgage disability insurance coverage dispute.
  • Obtained defense verdict in action alleging failure to provide mortgage financing.

Reported cases:

  • Imam v. Hall, 2009 U.S. Dist. LEXIS 29271 (W.D. Va. 2009)
  • Wallinger v. BB&T Insurance Services, Inc., 2009 U.S Dist. LEXIS 50805 (W.D Va. 2009)
  • Taneeb v. BB&T, 589 F.Supp. 2d 753 (W.D. Va. 2008)
  • Seighman v. Wachovia Bank, 2008 U.S. Dist LEXIS 78048 (E.D. Va. 2008)
  • von Gal v. BB&T, 2007 U.S. Dist. LEXIS 49035 (W.D. Va. 2007)
  • NRC Management Services Corp. v. First Virginia Bank-Southwest, 63 Va. Cir. 68 (City of Roanoke 2003)
  • Stinson v. BB&T Investment Services, 285 B.R. 239 (Bankr. W.D. Va. 2002)
  • Davis v. First Union Long Term Disability Plan, 213 F. Supp.2d 29 (D.C. Mass. 2002).
  • Banco do Brasil S.A. v. State of Antigua & Barbuda, 268 A.D.2d 75, 707 N.Y.S.2d 151 (1st Dep't. 2000).
  • Payne v. First Union Bank, 50 Va. Cir. 99 (Bedford Co. 1999)
  • Cerceo v. Shmidheiser, 1997 U.S. Dist. LEXIS 6872 (W.D. Va. 1996), aff'd, 1997 U.S. App. LEXIS 20681 (4th Cir. 1997)
  • First Security Bank v. FDIC, 1996 U.S. App. LEXIS 18115 (4th Cir. 1996)
  • Kas v. First Union, 857 F. Supp. 481 (E.D. Va. 1996)
  • United States Fidelity & Guaranty Co. v. First Union Corp., 1996 Va. Cir. LEXIS 583 (City of Roanoke 1996)
  • Dubowski v. Dominion Bankshares, 763 F. Supp. 169 (W.D. Va. 1991)

Contact

  • 617.502.5721
  • 415.913.4946