Legal Opinion
Veronica Gutierrez v. Wells Fargo Bank, N.A.
Court of Appeals for the Ninth Circuit
Decided December 26, 2012No. 10-16959, 10-17468, 10-17689PublishedCited by 60 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
Bank fees, like taxes, are ubiquitous. And, like taxes, bank fees are unlikely to go away any time soon. The question we consider here is the extent to which overdraft fees imposed by a national bank are subject to state regulation.
At issue is a bookkeeping device, known as “high-to-low” posting, which has the potential to multiply overdraft fees, turning a single overdraft into many such overdrafts. The revenue from overdraft fees is massive. Between 2005 and 2007, Wells Fargo Bank (“Wells Fargo”) assessed over $1.4 billion in overdraft fees. Disturbed by the…
2Cases cited32 opinions
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
- Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010
- Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
- Bridge v. Phoenix Bond & Indemnity Co.Supreme Court of the United States · 2008
27 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Tiffany Hill v. Xerox Business Services, LLCCourt of Appeals for the Ninth Circuit · 2023
- June Newirth v. Aegis Senior Communities, LLCCourt of Appeals for the Ninth Circuit · 2019
- Old National Bank v. Steven Kelly, Jon A. Cook, and Rebecca F. Cook, individually and on behalf of others similarly situatedIndiana Court of Appeals · 2015
- In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee LitigationDistrict Court, E.D. New York · 2014
- Rushing v. Alon USA, Inc.District Court, D. Kansas · 2013
55 more not listed; retrieve them via the Exa API.