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Case Summaries

Banking Law

[11/14] H&R Block, Inc. v. Am. Int'l Specialty Lines Ins. Co.
Class actions filed against nationwide tax preparer H&R Block asserting a variety of statutory and common law claims arising out of H&R's Refund Anticipation Loan (RAL) program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions asserting similar claims were filed prior to the policy periods.

[11/10] Sherer v. Green Tree Servicing LLC
In a suit involving Fair Debt Collection Practices Act and Fair Credit Reporting Act claims, denial of a motion to compel arbitration is reversed where the arbitration clause in question bound plaintiff to arbitrate his dispute with defendant, even though defendant was not a signatory to the original agreement.

[11/06] In the Matter Of: Entringer Bakeries Inc.
In a bankruptcy trustee's action to avoid two pre-petition transfers made by debtor to creditor-bank, judgment for trustee is affirmed and award vacated where: 1) the "earmarking" doctrine did not apply and the payments were therefore impermissible preferential transfers; and 2) the entire transfer, not just a part of it, could be avoided under section 547(c)(2) of the bankruptcy code.

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