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Tuesday, July 28, 2015

Ind. Decisions - Transfer list for week ending July 24, 2015

Here is the Clerk's transfer list for the week ending Friday, July 24, 2015. It is two pages (and 23 cases) long.

No transfers were granted last week.

Notable transfer denials included Old National Bank v. Steven Kelly, Jon A. Cook, and Rebecca F. Cook, individually and on behalf of others similarly situated. The vote was 4-1 with CJ Rush voting to transfer. Mark Wilson of the Evansville Courier & Press reported on the denial late yesterday afternoon:

EVANSVILLE — The Indiana Supreme Court will not consider Old National Bank’s petition to hear arguments on whether a lawsuit against the Evansville-based bank can proceed as a class action.

The lawsuit accuses the Evansville-headquartered bank with purposefully posting debit card and ATM transactions so as to increase depositors’ overdraft fees. * * *

Last year, Circuit Court Judge David Kiely ruled that the lawsuit can move forward as a class action.

The Indiana Court of Appeals in April affirmed the ruling, a decision left standing by the Supreme Court’s denial of the bank’s petition to transfer the case - meaning that the court won’t consider it.

That means that the Oct. 27 trial date is back on again, said Scott Danks, one of the attorneys representing the customers. Both sides have agreed it would be a bench trial, with only a judge listening to the evidence and issuing a verdict.

“We are going to do our best to hold their feet to the fire. Old National has done everything they can to intentionally delay this. It’s been four and a half years since it was filed,” Danks said. “It doesn’t take a lawyer or judge to figure out that arranging transactions from high to low to maximize fees and penalties on customers without the customers knowledge is wrong.”

Posted by Marcia Oddi on July 28, 2015 09:05 AM
Posted to Indiana Transfer Lists