Legal Opinion

Edelist v. MBNA America Bank

Superior Court of Delaware

Decided August 9, 2001No. Civ.A. 01C-01-195-JOHPublishedCited by 35 opinions

1Opinion of the Court

OPINION

HERLIHY, Judge.

Plaintiff Daniel Edelist has filed an action on his own behalf and a putative class action against MBNA America Bank. The claims arise out of his credit card account and the accounts of others he alleges are similarly situated. He seeks damages for himself and the class for alleged breach of contract, breach of the implied covenant of good faith and fair dealing, fraudulent or negligent misrepresentation and violation of the Delaware Consumer Fraud Act.

MBNA has moved to stay or dismiss his action on the strength of an arbitration provision which it claims forms part of…

2Cases cited15 opinions

  1. Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
  2. Travelers Indemnity Co. v. LakeSupreme Court of Delaware · 1991
  3. Graham v. State Farm Mutual Automobile InsuranceSupreme Court of Delaware · 1989
  4. Larketta Randolph, on Behalf of Herself and All Others Similarly Situated v. Green Tree Financial Corp.-Alabama and Green Tree Financial CorporationCourt of Appeals for the Eleventh Circuit · 2001
  5. Bank One, N.A. v. CoatesDistrict Court, S.D. Mississippi · 2001

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3Cited by35 opinions

  1. Walther v. Sovereign BankCourt of Appeals of Maryland · 2005
  2. Whitney v. Alltel Communications, Inc.Missouri Court of Appeals · 2005
  3. Klussman v. Cross Country BankCalifornia Court of Appeal · 2005
  4. Discover Bank v. Superior CourtCalifornia Court of Appeal · 2005
  5. Kurz v. Chase Manhattan Bank USA, N.A.District Court, S.D. New York · 2004

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