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Court of Appeals (Mass.) Holds Bank Owed No Duty to Depositor under California Law to Detect Fraud in Connection with Depositor’s Check

by Scott J. Hyman |

In Sarrouf Law LLP v. First Republic Bank, 97 Mass. App. Ct. 467, 471-79 (2020), the Massachusetts Court of Appeals held that a law firm's negligence action against its bank arising out of the dishonor of funds the firm deposited in the bank due to the fraud of a client was properly dismissed because the bank had no duty to detect… Read More

Court of Appeal (Cal.) Finds that While Automobile Merchant Owes a Duty Not to Ignore Red Flags in Purchase of Vehicle, No Red Flags Appeared Simply Because Check Was From a Person Other Than Its Customer

by Scott J. Hyman |

In QDOS, Inc. v. Signature Financial, LLC, 2017 WL 5793973, at *4–6 (Cal.App. 2 Dist., 2017), the Court of Appeal found that the fact that a check for payment for a luxury vehicle was presented by a third party did not obligate the Dealer to conduct an independent examination beyond the face of the check. As a general rule, courts… Read More