Legal Opinion

Banknorth, N.A. v. BJ's Wholesale Club, Inc.

District Court, D. Maine

Decided July 8, 2005No. 1:05-cv-00021PublishedCited by 5 opinions

1Opinion of the Court

ORDER ON BJ’S WHOLESALE CLUB’S MOTION TO DISMISS AND FIFTH THIRD BANK’S MOTION TO DISMISS

SINGAD, Chief Judge.

Before the Court are Motions to Dismiss by BJ’s Wholesale Club (Docket # 6) and Fifth Third Bank (Docket # 8). The issue presented is whether Plaintiff Banknorth, N.A. (“Banknorth”), an issuer of credit cards, may recover from Defendants in contract, tort, and equitable subrogation for Defendant BJ’s Wholesale Club’s (“BJ’s”) alleged improper storing of customers’ credit card numbers in its computers, which, in turn, led to the theft of those credit card numbers. Defendants BJ’s and…

2Cases cited18 opinions

  1. Shaw v. Digital Equipment Corp.Court of Appeals for the First Circuit · 1996
  2. People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
  3. Hill v. Sonitrol of Southwestern Ohio, Inc.Ohio Supreme Court · 1988
  4. Aikens v. DebowWest Virginia Supreme Court · 2001
  5. Indemnity Ins. Co. v. American AviationSupreme Court of Florida · 2004

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

3Cited by5 opinions

  1. In Re Hannaford Bros. Co. Customer Data Security Breach LitigationDistrict Court, D. Maine · 2009
  2. In Re TJX Companies Retail Security Breach LitigationDistrict Court, D. Massachusetts · 2007
  3. In re Heartland Payment Systems, Inc.District Court, S.D. Texas · 2011
  4. MAYHEW v. IDEXX LABORATORIES INCDistrict Court, D. Maine · 2025
  5. WILKINS v. GENZYME CORPORATIONDistrict Court, D. Massachusetts · 2022

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