Arbitration Clause Enforcement Likely In Overdraft MDL

Law360, Miami (August 26, 2013, 9:14 PM EDT) -- A Florida federal judge overseeing a multidistrict litigation over checking account overdraft fees on Monday said he is leaning toward enforcing arbitration provisions signed by KeyBank NA and Wells Fargo & Co. customers.

U.S. District Judge James Lawrence King told the parties he would take the matter under advisement, but said that he is inclined to believe "that the delegation clause in both of these cases is enforceable under the current status of the law."

Both KeyBank and Wells Fargo argued that the checking customers who...
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Case Information

Case Title

In Re: Checking Account Overdraft Litigation


Case Number

1:09-md-02036

Court

Florida Southern

Nature of Suit

Contract: Other

Judge

James Lawrence King

Date Filed

June 10, 2009


Case Title

Johnson v. KeyBank National Association


Case Number

1:10-cv-21176

Court

Florida Southern

Nature of Suit

Contract: Other

Judge

James Lawrence King

Date Filed

April 13, 2010


Case Title

Kennedy v. Wells Fargo Bank N.A.


Case Number

1:11-cv-21313

Court

Florida Southern

Nature of Suit

Fraud or Truth-In-Lending

Judge

James Lawrence King

Date Filed

April 14, 2011

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