No. 22-1007

Jericho Baptist Church Ministries, Inc., Jericho DC v. Bank of America, N.A.

Lower Court: Fourth Circuit
Docketed: 2023-04-17
Status: Denied
Type: Paid
Response Waived
Tags: account-control banking-negligence breach-of-contract business-account expert-testimony litigation-between-factions litigation-knowledge standard-of-care
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Whether expert testimony is required in a banking negligence and breach-of-contract case when the bank's mishandling of a business account is open and obvious

Question Presented (OCR Extract)

QUESTION PRESENTED This case presents the Court with an opportunity to review the fundamental, important, and recurring issue as to whether expert testimony is required ina banking case where the bank’s mishandling of a business account is open and obvious. Specifically, the question presented is: Did the Fourth Circuit err in affirming a district court’s ruling that a banking expert was required to establish the bank’s ordinary standard of care in a negligence and breach-of-contract case, when the bank had actual knowledge of ongoing litigation concerning between different factions of a business for control over the business’s monies and accounts, and the bank disbursed account funds to one faction while simultaneously denying the other faction any right of access to the account?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-18
Waiver of right of respondent Bank of America, N.A. to respond filed.
2023-03-30

Attorneys

Bank of America, N.A.
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Jericho Baptist Church Ministries, Inc. (Jericho DC)
Donald Melvin TempleTemple, Pearson, et al., Petitioner
Donald Melvin TempleTemple, Pearson, et al., Petitioner