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Dawda, Mann, Mulcahy & Sadler, P.L.C. v. Bank of America, N.A.

United States District Court for the Eastern District of Michigan
62 F. Supp.3d 651 (2014)


Kenneth Flaska defrauded his former law firm Dawda, Mann, Mulcahy & Sadler, P.L.C. (Dawda) (plaintiff). Specifically, Flaska drew checks from Dawda’s IOLTA account and deposited them into his personal account at Bank of America, N.A. (defendant). Dawda had no business relationship with and was not indebted to Bank of America. In total, Bank of America deposited over $500,000 into Flaska’s personal account from Dawda’s IOLTA account. Dawda brought suit against Bank of America in Oakland County Circuit Court. Dawda claimed that Bank of America was negligent in its failure to discharge the common-law duty of inquiry. Bank of America removed the case to the United States District Court for the Eastern District of Michigan. Bank of America argued that it was a holder in due course of the checks and, as a result, that the duty of inquiry did not apply. Bank of America filed a motion to dismiss the claim.

Rule of Law


Holding and Reasoning (Berg, J.)

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