694 F. Supp. 2d 1302 - In Re Checking Account Overdraft Litigation’s Empirical Analysis

Citation profile

2 federal appellate · 5 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his is not the ordinary case.... In the instant case, ... the bank is never required to file suit [to recover an overdraft fee] because it is already in possession of the customer’s money, and simply collects the fee by debiting the customer’s account. Thus, the customer never has the opportunity to raise un-conscionability as a defense for nonpayment. The only opportunity to do so is through a lawsuit filed by the customer, after payment has been made. Hence, the facts of the instant case weigh in favor of permitting Plaintiffs to pursue an unconseionability claim.”

   2 later decisions quote this exact passage · from the majority
   e.g. 94 F. Supp. 3d 1012 - Hanjy v. Arvest Bank · 883 F. Supp. 2d 1251 - Mello v. Susquehanna Bank

2. “State laws are not preempted. State laws on the following subjects are not inconsistent with the deposit-taking powers of national banks and apply to national banks to the extent that they only incidentally affect the exercise of national banks' deposit-taking powers: (1) Contracts; (2) Torts; [and] (3) Criminal Law ...”

   2 later decisions quote this exact passage · from the majority
   e.g. Luquetta v. JPMorgan Chase Bank, N.A. · 797 F. Supp. 2d 1312 - In Re Checking Account Overdraft Litigation

3. “Plaintiffs may only assert a state statutory claim if a named plaintiff resides in that state.”

   2 later decisions quote this exact passage · from the majority
   e.g. Geis v. Nestlé Waters N. Am., Inc. · 779 F. Supp. 2d 642 - In Re Packaged Ice Antitrust Litigation