Logourl black
From our private database of 13,800+ case briefs...

In re Checking Account Overdraft Litigation

United States District Court for the Southern District of Florida
694 F.Supp.2d 1302 (2010)


Facts

A number of individuals in various states (Plaintiffs) filed suit against various banks (Defendants) in federal court alleging that the banks had engaged in a widespread illegal practice of charging overdraft fees connected to debit card transactions. The Plaintiffs claim that the Defendants entered debit charges from the “largest to the smallest” amounts thereby maximizing their overdraft fee revenue. The U.S. Judicial Panel on Multidistrict Litigation transferred all of the related actions to the district court for pre-trial proceedings. The Panel, known informally as the MDL Panel, surveys civil actions with a common complaint pending in different federal districts and transfers them all to one district court for consolidated or coordinated proceedings. The Plaintiffs asserted various theories ranging from breach of contract and breach of a covenant of good faith and fair dealing to unconscionability, conversion, unjust enrichment, and violation of the consumer protection statutes of various states. Defendants filed an omnibus motion to dismiss the complaints. The district court ruled on the Defendants’ motion.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (King, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 171,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.