United States First Circuit

In plaintiff's suit against a bank claiming that it was negligent as a matter of law in letting her ex-husband withdraw millions from certain accounts, by negligently relying on a defective minutes order vacating a multi-million dollar attachment plaintiff obtained against her ex-husband in divorce proceedings, the judgment of the district court is vacated and remanded where: 1) although the "minutes" order was facially defective because it was not signed by the judge nor notice given to the parties, a level-headed jury could find that the defendant acted reasonably, which makes a trial necessary; and 2) defendant's request to remand the case to a new judge is denied.

Appellate Information

• Decided 11/09/2012
• Published 11/09/2012

Judges

• Thompson

Court

• United States First Circuit

Counsel