Legal Opinion

NNDJ, INC. v. Comerica Inc.

District Court, E.D. Michigan

Decided July 30, 2008No. Civil 07-14406Published

1Opinion of the Court

OPINION AND ORDER DENYING FIFTH THIRD BANK’S MOTION TO DISMISS

JOHN FEIKENS, District Judge.

Plaintiffs filed this class action lawsuit against various regional and national banks alleging that the Banks violated sections of the UCC by issuing official checks 1 and charging non-accountholder customers a fee to cash them. Defendant Fifth Third Bank has filed a motion to dismiss the claims against it. As the basis for its motion, it argues that issuing a cashier’s check and charging a non-accountholder customer a fee to cash it does not violate the UCC. For the reasons set forth below, I DENY…

2Cases cited7 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. United States Department of Treasury v. FabeSupreme Court of the United States · 1993
  4. United States v. Norman MeyersCourt of Appeals for the Sixth Circuit · 1992
  5. United States v. Samuel ChoiceCourt of Appeals for the Sixth Circuit · 2000

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