Daily Law Group

Daily Law Group Scores Major Legal Triumph in Ninth Circuit: LA Tech's Fight for Justice Against American Express ? Pasadena, California: In a significant courtroom battle that has caught the attention of the legal community, James Daily of the Daily Law Group recently represented LA Tech in front of a three-judge panel at the Ninth Circuit Court of Appeals. The case, which was argued and submitted on November 9, 2023, in Pasadena, California, saw Daily presenting a compelling argument against American Express National Bank (AMEX) for the unauthorized use of LA Tech's funds.? ? The esteemed panel of judges, consisting of W. Fletcher, Owens, and District Judge Schreier, listened as Daily outlined the case's intricate details. He argued that AMEX enabled the unauthorized attachment of LA Tech’s bank account to an AMEX credit line. Over 18 months, nearly $388,000 was siphoned from LA Tech's account without their knowledge or consent, a situation Daily described as a clear-cut case of theft, and if not theft, then withholding or concealing stolen property on the part of AMEX. ? Daily's argument emphasized the absence of any prior relationship between LA Tech and AMEX, underlining the fact that LA Tech had never authorized these transactions. He pointed out the serious flaws in AMEX's system that allowed such a significant sum to be withdrawn without proper verification or authority. ? This case has been a rallying point for small businesses and financial accountability advocates, highlighting the vulnerabilities in the financial systems and the need for stricter oversight to prevent such unauthorized access. The ruling in this case is eagerly awaited, as it holds the potential to set a precedent in the banking and finance industry, especially concerning the protection of consumer and business accounts from unauthorized transactions. ? The Daily Law Group's representation of LA Tech in this high-stakes legal battle underscores the firm's commitment to fighting for justice and the rights of those wronged by financial malpractices, breach of fiduciary duty, probate and trust matters. As the legal community and affected businesses awaited the decision, this case stands as a testament to the vital role of diligent legal advocacy in holding financial institutions accountable. ? The ruling states: ? "LA Tech sufficiently pled facts to support its section 496 claims for withholding and concealing stolen property... Because LA Tech established (for the purpose of pleading) that the property had been stolen and AMEX does not dispute that it received the stolen property the primary issue here is AMEX’s knowledge... LA Tech argues its March 14 letter put AMEX on notice that the property had been stolen. Assuming LA Tech’s factual allegations are true (i.e. LA Tech did not authorize the withdrawals from its account and AMEX received the March 14 letter) the claims that AMEX had actual knowledge the funds were stolen...".