Appellate Court of Illinois

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Johnson v. First Banks, Inc., 5-06-0646

Dismissal of class action suit for lack of standing to bring a suit for wrongful dishonor pursuant to section 4-402 of the Uniform Commercial Code and in finding that his state law causes of action were preempted by teh National Bank Act is affirmed where: 1) the plaintiff lacks standing because does not meet the Code's definition of the word "customer" as "a person having an account with a bank or for whom a bank has agreed to collect items;" 2) federal law expressly authorizes banks to charge non-account-holding payees a check cashing fee and so preempts plainitff's claims.

Appellate Information

  • Decided 04/18/2008
  • Published 06/06/2008

Judges

  • Justice WEXSTTEN delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Paul M. Weiss, Freed & Weiss, L.L.C., Chicago, Gail G. Renshaw, Bradley M. Lakin, Paul A. Marks, The Lakin Law Firm, P.C., Wood River, for Appellant.

  • For Appellees:
  • Troy A. Bozarth, Dougglas A. Stultz, Hepler, Broom, MacDonald, Hebrank, True & Noce, LLC, Edwardsville, for Appellee.