Case Summaries

Government Benefits

[11/20] Miller v. Bank of Am.
Application of Kruger v. Wells Fargo Bank (1974) 11 Cal.3d 352 to prohibit defendant bank from collecting for overdrafts and fees by debiting directly deposited Social Security and other public benefit payments is reversed as this application of Kruger is an extension of its holding that is unwarranted in light of significant differences between the banker's setoff addressed in Kruger and the facts of this case.

[11/20] Steen v. US
A ruling by the Court of International Trade upholding an agency decision denying a commercial fisherman's application for a "trade adjustment assistance" cash benefit is affirmed over his claim that, under the applicable statute, his net fishing income should be calculated with respect to the imported commodity only, Pacific salmon, and should not be calculated by taking into account his income from other commercial fishing activity.

[11/17] DiTolla v. Doral Dental IPA of NY, LLC
In class action involving compensation of dentists agreeing to treat patients eligible under Medicaid or Medicare, grant of motion to remand to state court and denying defendants' motion to compel arbitration is affirmed as the district court lacks diversity jurisdiction in this action for an accounting.

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