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Jericho Baptist Church Ministries, Inc., Jericho DC v. Bank of America, N.A.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1725 · judgment October 19, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This case presents the Court with an opportunity to review the fundamental, important, and recurring issue as to whether expert testimony is required in a banking case where the bank’s mishandling of a business account is open and obvious. Specifically, the question presented is: Did the Fourth Circuit err in affirming a district court’s ruling that a banking expert was required to establish the bank’s ordinary standard of care in a negligence and breach­of­contract case, when the bank had actual knowledge of ongoing litigation concerning between different factions of a business for control over the business’s monies and accounts, and the bank disbursed account funds to one faction while simultaneously denying the other faction any right of access to the account?

Counsel of record

For petitioner
Donald Melvin Temple
Temple, Pearson, et al.

For respondent
Matthew Allen Fitzgerald
McGuireWoods LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 18 2023
    Waiver of right of respondent Bank of America, N.A. to respond filed.
  4. Mar 30 2023
    Petition for a writ of certiorari filed. (Response due May 17, 2023)