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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Friday:
7th Circuit Court of Appeals
Approved Mortgage Corporation v. Truist Bank, formerly known as SunTrust Bank
22-3163
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Affirms the district court’s dismissal of the Section 207 of the Indiana Universal Commercial Code, which governs the rights, duties, and liabilities of banks and their customers with respect to electronic funds transfers, claims for lack of privity between Approved Mortgage Corporation and Truist Bank. Reverses the dismissal of Approved Mortgage’s negligence claim. Finds that, to the extent that the negligence claim arises from Truist’s issuance of the cashier’s checks after Truist credited the funds to the suspicious account, the claim is not preempted by UCC’s Article 4.1. Also finds the district court did not decide whether Truist owed a duty of care to Approved Mortgage. Remands for further proceedings.
Monday opinions
7th Circuit Court of Appeals
United States of America v. Zebulon Xavier Marzette
23-1646
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms Zebulon Marzette’s conviction for possessing a firearm as a felon. Finds that Marzette failed to persuade the court that any error allowing the 911 caller’s statements to come in through police testimony prejudiced him at trial. Also finds that allowing Marzette’s conviction to stand would not so detrimentally affect his rights as to call the entire fairness and integrity of the trial into question.
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