Johnson v. First Banks, Inc.

State: Illinois

Court: 5th District Appellate

Docket No: 5-06-0646 Rel

Case Date: 06/05/2008

Preview:Rule 23 order filed April 18, 2008; Motion to publish granted June 5, 2008.

NO. 5-06-0646
IN THE

APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ________________________________________________________________________ DARRYL L. JOHNSON, Individually and on Behalf of Others Similarly Situated, ) Appeal from the ) Circuit Court of ) Madison County. Plaintiff-Appellant, ) ) v. ) No. 04-L-230 ) FIRST BANKS, INC., ) Honorable ) Don W. Weber, Defendant-Appellee. ) Judge, presiding. ________________________________________________________________________ JUSTICE WEXSTTEN delivered the opinion of the court: The plaintiff, Darryl L. Johnson, on behalf of himself and all others similarly situated, appeals an order of the Madison County circuit court dismissing his class action complaint against the defendant, First Banks, Inc., a state bank incorporated in Missouri. On appeal, the plaintiff argues that the circuit court erred in finding that he lacked standing to bring suit for wrongful dishonor pursuant to section 4-402 of the Uniform Commercial Code (Code) (810 ILCS 5/4-402 (West 2004)) and in finding that his state law causes of action were preempted by the National Bank Act (12 U.S.C.

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