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Second Circuit - Breach of contract: U.S National Assoc. v. Bank of America N.A.

Byline: Daily Record Staff

United States Court of Appeals for the Second Circuit

Breach of contract

Choice of law Transfer of venue Statute of limitations

U.S National Assoc. v. Bank of America N.A.


Judges Leval, Livingston, and Chin

Background: The plaintiff appealed from the denial of a motion to retransfer the suit to the U.S. District Court for the Southern District of Indiana, where it was instituted and granted judgment on the pleadings to the defendant on the basis of the untimeliness of the action pursuant to laws of New York.

Ruling: The Second Circuit vacated and remanded. The court noted that the original basis for transfer to New York was that Indiana did not have personal jurisdiction of the defendant. The Second Circuit, while in disagreement that the case should have been transferred to New York, affirmed the denial of the retransfer motion, but vacated the judgment. The Second Circuit held that the case was properly filed in Indiana and, therefore, Indiana's 10-year statute of limitations applied.

Colleen M. Mallon for the plaintiff-appellant; Elizabeth P. Papez, of Winston & Strawn, for the defendant-appellee.

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Article Details
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Publication:Daily Record (Rochester, NY)
Geographic Code:1U3IN
Date:Mar 5, 2019
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