Summary:
Bank of America sued, with a verified complaint and attached affidavit from a corporate officer, Mr. McFarland for nonpayment of the $22,756.91 credit card balance. McFarland asserted, in an unverified complaint, that the this balance was incurred as a result of $23,700 in fraudulent access checks. The district court granted the Motion for Summary Judgment brought by Bank of America, with the Court of Appeals affirming, as McFarland did not file “any affidavits, verified pleadings, or verified answers to interrogatories opposing Plaintiff’s Motion for Summary Judgment, and … [did] not present an argument to the contrary in his brief.”
Commentary:
To some extent, this could be understood as requiring not only some evidence of fraud, but also an obligation to plead fraud defensively with specificity, just as it is required in a complaint by a Plaintiff.
For a copy of the opinion, please see:
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