Legal Opinion

In Re: Checking Account Overdraft Litigation MDL No 2036 Lawrence D. Hough v. Regions Financial Corporation

Court of Appeals for the Eleventh Circuit

Decided March 5, 2012No. 11-14317PublishedCited by 10 opinions

Non-Argument Calendar.

1Per curiam

Regions Financial Corporation and Regions Bank (collectively “Regions”) appeal the denial of their renewed motion to compel Lawrence and Pamela Hough to arbitrate their complaint against Regions. 9 U.S.C. § 16(a)(1)(C). The Houghs sued Regions for allegedly violating federal and state law by collecting overdraft charges under its deposit agreement, and Regions moved to compel arbitration based on an arbitration clause in that agreement. The district court denied the motion to compel on the ground that the arbitration clause was substantively unconscionable because it contained a class action…

2Cases cited17 opinions

  1. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  2. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  5. Green Tree Financial Corp. v. BazzleSupreme Court of the United States · 2003

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3Cited by10 opinions

  1. David Johnson v. Keybank National AssociationCourt of Appeals for the Eleventh Circuit · 2014
  2. Melanie L. Garcia v. Wells Fargo Bank, NACourt of Appeals for the Eleventh Circuit · 2018
  3. Checking Account Overdraft Litigation v. Wells Fargo Bank, N.A.Court of Appeals for the Eleventh Circuit · 2015
  4. Melanie Garcia v. Wachovia CorporationCourt of Appeals for the Eleventh Circuit · 2012
  5. Lacy Barras v. Branch Banking and Trust CompanyCourt of Appeals for the Eleventh Circuit · 2012

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