9th Circ. Won't Review Revival Of BofA Overdraft Suit

Law360, New York (May 15, 2012, 8:29 PM EDT) -- The Ninth Circuit on Tuesday refused to reconsider its revival of a putative class action against Bank of America NA over the alleged false advertising of its overdraft protection services.

The majority of the three-judge panel that considered the petitions for a rehearing and a rehearing en banc voted against reviewing its reversal of U.S. District Judge Dana M. Sabraw’s July 2010 ruling that dismissed plaintiff Eduardo Larin’s second amended complaint.

U.S. Circuit Judge Consuelo M. Callahan, however, was in favor of reviewing the order, though...
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