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Cunningham v. Nat'l City Bank, No. 09-1255

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By FindLaw Staff on November 25, 2009 2:20 PM

In plaintiffs' putative class action against defendant for breach of contract, violation of the Truth in Lending Act (TILA), and violation of the Massachusetts deceptive business practices law, district court's dismissal of the complaint is affirmed where: 1) defendant did not commit a breach as the unambiguous terms of the agreement permitted defendant to terminate the home equity line of credit; 2) plaintiffs' TILA claims as a matter of law as the unambiguous terms of the agreement did not create a grace period rendering otherwise later payments timely; and 3) plaintiffs have failed to state a 93A claim on which relief can be granted as they have alleged no unfair or deceptive conduct by the defendant. 

Read Cunningham v. Nat'l City Bank, No. 09-1255

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided November 25, 2009


Before:  Boudin, Stahl and Lipez, Circuit Judges

Opinion by Stahl, Circuit Judge


For Appellant:    Gregory B. Linkh, Jacqueline Sailer, David Pastor, and Gilman and Pastor, LLP

For Appellee:      James W. McGarry, Brook L. Ames and Goodwin Procter LLP

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