Nickel v. Bank of America National Trust & Savings Ass'n

I dissent because I believe that the district court opinion was, essentially, correct. I adopt it1 as my own, with one important caveat. That is, as I read the opinion, the court determined that in most instances the appropriate remedy for taking an excess fee should be repayment of that fee with simple interest.2 Nickel I, 991 F.Supp. at 1179-82. However, there may be times when it is proper to use a different measure.3

Because of the lack of tracing, the small amount of the fees in the whole picture, and the excessively speculative and inappropriate nature of the alternate solutions…