Banks and financial institutions across the country know they can count on Baker Donelson to be more than just their law firm. We are committed to the banking and financial services industry, and we seek to be a partner with our clients. Our trial lawyers handle the full range of complex disputes covering all areas of business and operations, such as lender liability, alleged violations of corporate trust, loan recovery, consumer finance and regulatory litigation.
Representative Matters
- Won case in favor of large Tennessee bank in which the discovery rule does not toll the statute of limitations on claims for the conversion of negotiable instruments. This decision overturns a 1995 Tennessee Court of Appeals decision to the contrary. Under the former rule of law, the bank was obliged to defend itself against a $700,000 claim. Plaintiffs won only $200,000 at the earlier trial and the result of this case eradicates that ruling.
- Represented national collection agency in Consumer Protection Act, Fair Debt Collection Practices Act consumer fraud claim. Favorable settlement reached and concluded after class notification.
- Obtained dismissal of claim against bank seeking damages in excess of $10 million based upon alleged conspiracy in assisting executor of estate in misappropriating estate assets.
- Represented regional national bank in various individual and class action suits seeking in excess of $100 million damages for imposition of checking account fees, which resulted in judgment in favor of the bank.
- Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges and fees in violation of state and federal laws.
- Represented state and national banks in obtaining dismissal of class action claims seeking damages in excess of $130 million for violation of federal and state law arising out of banks' charging insurance premiums in connection with automobile loans.
- Represented bank lending group owed $85 million by import company in opposing the company's bankruptcy reorganization plan and obtaining order permitting liquidation of lending groups' collateral and assets of company.
- Successfully defended and obtained judgments in state and federal courts in favor of lenders sued by commercial customers seeking damages based upon activities of the lenders in collecting loans which were characterized as violating the lenders' obligation of good faith and fair dealing, various loan agreement provisions, and state and federal statutes.
- Represented financial services company in putative class action alleging breach of fiduciary duty and violation of Consumer Protection Act, resulting in retroactive arbitration clause in consumer agreement being enforced.
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