United States Fourth Circuit

In a fraudulent bank wire transfer scenario, although plaintiff's negligence claims against the defendant bank are not preempted by Federal Reserve Board Regulation J, Subpart B, 12 C.F.R. sections 210.25-210.32 (2002), the claims are instead dismissed because defendant bank does not owe a duty of care to plaintiff, who was not a bank customer and had never conducted business with the bank.

Appellate Information

• Argued 06/05/2002
• Decided 08/26/2002
• Published 08/26/2002

Judges

• Before MICHAEL, Circuit Judge, BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation, and LEGG, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard J.J. Scarola, Scarola, Reavis & Parent, New York, New York, for Appellant.  John Benton Morris, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellee.   ON BRIEF:  Daniel R. Taylor, Jr., Kristin M. Major, Kilpatrick Stockton, L.L.P., Winston-Salem, North Carolina, for Appellee.