Legal Opinion

Melanie L. Garcia v. Wells Fargo Bank, NA

Court of Appeals for the Eleventh Circuit

Decided May 10, 2018No. 16-16820; 16-16823PublishedCited by 59 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

*1233 This appeal arises from five class actions brought by bank customers ("Plaintiffs") alleging that their banks unlawfully charged them overdraft fees. These cases have been before this Court multiple times in recent years. In this appeal, Wells Fargo appeals the District Court's denial of its motion to compel arbitration with the unnamed Plaintiffs comprising the classes. The District Court denied the motion because it found that Wells Fargo waived its arbitration rights as against those unnamed Plaintiffs. We hold that the District Court's finding of waiver with…

2Cases cited10 opinions

  1. S & H Contractors, Inc., a Corporation v. A.J. Taft Coal Company, Inc., a Corporation, A.J. Taft Coal Company, Inc. v. S & H Contractors, Inc.Court of Appeals for the Eleventh Circuit · 1990
  2. Ivax Corp. v. B. Braun of America, Inc.Court of Appeals for the Eleventh Circuit · 2002
  3. Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.Court of Appeals for the Eleventh Circuit · 2012
  4. In Re Checking Account Overdraft LitigationDistrict Court, S.D. Florida · 2010
  5. Checking Account Overdraft Litigation v. Wells Fargo Bank, N.A.Court of Appeals for the Eleventh Circuit · 2015

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3Cited by59 opinions

  1. Tiffany Hill v. Xerox Business Services, LLCCourt of Appeals for the Ninth Circuit · 2023
  2. Dennis Speerly v. General Motors, LLCCourt of Appeals for the Sixth Circuit · 2025
  3. Isaac Payne v. Savannah College of Art and Design, Inc.Court of Appeals for the Eleventh Circuit · 2023
  4. 1199SEIU United Healthcare Workers East, Florida Region v. Kendall Healthcare Group, LTDDistrict Court, M.D. Florida · 2025
  5. Adams v. Lashify, Inc.District Court, M.D. Florida · 2023

54 more not listed; retrieve them via the Exa API.

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