September 13, 2010
In a BankInfoSecurity
article, “ACH Case: Headed to Trial?” associate Chris Loeffler
was quoted on the likelihood of the case proceeding to trial or settling. The article discussed the high profile Automated Clearing House (ACH) fraud conflict case between Experi-Metal and Comerica Bank. Both companies have recently filed motions, with Experi-Metal requesting a jury trial and Comerica seeking a bench trial.
Chris provided insight from both perspectives of the case. Although the filings are somewhat unexpected given the contractual provision waiving a jury trial, Chris said, "The rationale behind EMI's filing is not surprising. Each party is posturing and seeking to make its argument before the most favorable decision-maker."