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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Using the keyword search standing non-bank-customer in

Customer Question

Using the keyword search standing for a non-bank-customer in negligence
Victim A caregiver to B. A takes B to a bank to set up a checking account. B contracts with bank for a checking account with A's son as the co-owner with right of survivorship.
B, years later passes away.
Brother ("C") of A sues A for undue influence. "C"s' attorney subpoenas all bank records.
Discovery deposition reveals that bank has lost signature card for B's checking account.
18 Months later at an evidencury hearing for contempt representative from Bank testifies that they still cannot produce subpoenaed signature card.
Judge in his finding, finds "A" guilty of indirect contempt, siting that the court was confused by the missing signature card.
An appeals ruling, 4th DCA returns case to lower court "without prejudice" for procedural reasons. New Judge sentences "A" to 5mo and 29 days.
"A" appeals sentence and prevails.
16 Months later "A's" brother "C" sues Bank for negligence and Bank in their Motion to Dismiss submits the missing signature card for their affirmative defense.
"A" asks the question; why can they produce the card for their defense but not for "A's" defense
Court rules "C" does not have standing, "C" appeals and loses appeal.
"A" sues bank for negligence. "A" had to spend $75k to defend and appeals all due to a missing signature card.
In the first hearing Bank wins a decision saying "A" did not have standing because the contract was with "B" not "A".
"A" requests from the court permission to amend the complaint.
In a theory of "tortious interference" Bank owes duty of general care to the public, when the public is in proximity of Banks general practices while doing business.
"QUESTION": can you search for case law supporting "Bank owes duty to plaintiff (non-bank customer) when under subpoena"?
Submitted: 6 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, many customers come here asking about case law and case law research to support an issue phrased in a way favorable to the customer. However, while we are not a case law research service, many times we can do some simple research on the issue to come up with the answers and in that case we well do so (in depth case law research is well beyond the scope of this service due to time and cost).
In this case, I am sorry to say that the court holdings are consistent in that a bank owes no duty to any non-customer of the bank. See: Pereira v. United Jersey Bank, 201 BR 644, 671 (SDNY1996). Also see: Lerner v. Fleet Bank, N.A., 459 F.3d 273, 286 (2d Cir.2006) ("As a general matter, `anks do not owe non-customers a duty...'").
However, your case is a bit more than the duty of the bank to you as a non-customer. Your claim here is that the bank was in contempt of court for not producing the card in response to a valid subpoena in the criminal court matter and that would require you filing a motion for an order to show cause for contempt in the criminal court where the ignored the subpoena and failed to present the evidence in your criminal case and as such get the criminal court to hold them in contempt. Ignoring a subpoena is an internal court matter up to the judge to sanction the party for failure to comply.

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