Here, the court addressed the issue as to whether a job applicant was discriminated against due to the applicant’s obesity. In this case, the job applicant applied for a position with the employer and was rejected due to her obese weight.   The medical profession considers a person morbidly obese if the individual weighs either more […]

Court dismissed a suit brought in this action against a credit union for discharging its President and CEO. In this case, Nevada Federal Credit Union held a regularly scheduled meeting and voted 5-2 not to renew the employment contract of Robert Street, its then President and CEO. After obtaining legal advice, a second meeting was […]

Credit Union Board Member and Manager Pledged Embezzled Funds as collateral for Credit Union loan.    Rebecca Caldwell was the manager, secretary and treasurer of Avondale Mills Bevelle Employees Federal Credit Union. She also served on the credit union’s Board of Directors. Caldwell took a blank Certificate of Deposit from the credit union and directed […]

A Supreme Court of Rhode Island opinion held a credit union liable to its member for the credit union’s negligent misrepresentation to the member regarding life insurance on the member’s loan.   …[H]ere, the Court held that the credit union’s loan officer had misled the debtor upon inception of the loan by representing that there was life […]

The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from communicating with third parties, such as a debtor’s employer, and conveying information concerning the debt.   Here, an attorney sent a letter to debtor demanding payment to be made within 72-hours, and sent a copy of the letter to debtor’s employer.   The […]

The Uniform Commercial Code(UCC), under which most States operate, dictates that the filing of a financing statement by a creditor is effective for only five years from the date the statement was filed. Thereafter, the debt becomes unsecured. In the event the creditor desires to extend its security interest, the creditor must file a “continuation […]

Here, credit union member, Randy Pieper, was discussing possible financing for the purchase of an apartment building with a loan officer of Melrose Credit Union.   The loan officer told Pieper that a local gas station was for sale and the purchase of the gas station would be a better investment than the apartment building. […]

In this case, a member of Alpine State Bank stole checks from his employer.  He then placed a stamp on the reverse side of the check indicating “for deposit only” to the member’s account. The bank processed each deposit and the member continued to make additional deposits of misappropriated checks over a sixteen month period, […]

A 56 million dollar plus Texas credit union adopted a personnel policy manual which included an internal grievance procedure. The manual contained a specific assurance that: [n]o employee shall be penalized for using the grievance procedure. A veteran credit union employee of eight years filed an internal grievance when she and three other employees were […]

In this case, the court addressed the issue as to whether a bank’s policy of refusing to hire college graduates violated the law prohibiting discrimination based on age. Here, Sol Stein was 58 years old and a college graduate. The bank had a policy not to hire college graduates for certain positions. Mr. Stein applied […]