STUART GREENBERG, INC
EXPERT WITNESS CASES
1. Trux and Parts v. Bank One, Richmond, N.A. (Cincinnati, Ohio)- U.S. District Court, Southern District of Ohio, Western Division, Case # C-3-89-447. Loan Default issues-1991. Deposition testimony.
2. Dean Witter Reynolds v. J. Hilmer et.al. Circuit Court of Montgomery County, Maryland,
CA # 62103. Commercial lending practices/standards of care-1992. Deposition testimony.
3. York Village Associates v. Yorkshire Realty- U.S. Bankruptcy Court, District of Maryland, Rockville Division, Case # 92-1-2171-PM. Interest rates/Bankruptcy-1994. Deposition and trial testimony.
4. NationsBank (formerly American Security Bank/Maryland National Bank) v. A. Kilsheimer et.al. Superior Court of the District of Columbia, Case # 92-CA 12067. Loan default issues/standards of care-1993. Deposition testimony.
5. First National Bank of Maryland v. Litten Builders et.al. Circuit Court for Baltimore City, Case # 91190070/CL 133953. Loan default issues/standards of care-1993. Deposition testimony.
6. F.F. Funding Corp. v. Eastern Savings Bank, F.S.B. (Arbitration)- U.S. District Court Court for District of Maryland, Civil Action K 92-3101. Loan interest billing issue. Arbitration-1993.
7. Mattvidi Associates Limited Partnership v. NationsBank, Virginia, N.A.-Circuit Court for Montgomery County, Maryland, Case # 105656. Spousal guarantee issue/ECOA-1994.
8. Edward and Ilene Richman v. FWB Bank- Circuit Court for Montgomery County, Maryland, Case # 86522. U.S. Bankruptcy Court for District of Maryland, Southern Division, Case #92-1-324-DK, Loan default issues/standards of care- 1994-1995. Deposition and trial testimony (2).
9.Resolution Trust Corporation as Receiver for TrustBank, F.S.B. v. Thomas F. & Trudy A. Daly U.S. District Court, Eastern District of Virginia, Alexandria Division, Civil Action # 94-585-A. Spousal guarantee issue/ECOA-1994. Deposition testimony.
10. First Fidelity Bank, N.A. (successor to Bank of Baltimore) v. Penn Forest Associates Limited Partnership, U.S. Bankruptcy Court for the District of Maryland, Southern Division, Case 3 94-1-6265-DR. Commercial bank lending practices-1995.
11. Field Farms Limited Partnership and William I. King-U.S. Bankruptcy Court Plan of Reorganization, U.S. Bankruptcy Court for District of Maryland, Southern Division, Case # 94-1-5103 PM, 94-1-5102-PM. Interest rates/Bankruptcy-1995. Trial Testimony.
12. Katz, Frome and Bleeker, P.A. v. First Union National Bank of Maryland- Circuit Court for Montgomery County, Maryland, Case # 140980, 140981, 140564-V. Check kiting, loan default, bank lending practices/standards of care-1995. Deposition testimony.
13.Jonathan and Mary Ginn v. Talbot Bank. U.S. Bankruptcy Court Plan of Reorganization, U.S. Bankruptcy Court for the District of Maryland, Case # 94-5-6798-SD. Interest rates/Bankruptcy- Deposition and trial testimony. 1995-1996.
14. Provident Bank of Maryland v. Louis B. Price. Circuit Court for Baltimore City, Case # 95307028/CL204156. Bank guarantee issues-1996.
15. Hartford Fire Insurance Company, Inc.v. Drs. Brager,Gaber and Associates, P.A., et al.
United States District Court for the District of Maryland, Civil Action # S-95-3279. Unauthorized money transfer issues- 1995-1996.
16.Crofton Lending Corporation v. Irvin Polashuk, et al. Circuit Court for Baltimore County, Maryland, Case # 03C95010324-CJ. Commercial lending practices/standards of care- 1996-1998. Deposition testimony.
17. Dowd F. Greene & Nancy P. Greene v. First Bank, E. Craig Sasser and Ironside Auction Co. Inc. State of North Carolina, County of Stanly, General Court of Justice, Superior Court Division, Case # 95-CvS-769. Bank lending practices/standards of care-1996.
18. Pintaro vs. AmSouth Mortgage Company, Inc. Circuit Court for Shelby County, Alabama, CV-95-650. Bank lending practices/standards of care-1996-1997. Deposition.
19. AHEPA v. First Union National Bank of Washington, DC and Citibank FSB, Superior Court of the District of Columbia, Civil Action # 96-05733. Fraud/Bank lending practices and standards of care-1997-1998. Deposition testimony.
20. I.P.I. Industries, Inc. and Robert and Lucille Cembrook v. European American Bank, Supreme Court of the State of New York, City of Nassau, Index #028097/96. Commercial lending practices, loan default and standards of care-1997.
21. Norair Engineering Corporation v. Presidential Financial Corporation, United States District Court for the District of Maryland, Southern Division, Case No. DKC 97-261. Bank lending practices/standards of care-1997-1998.
22. Duke Street Lubrication, Inc., et.al. v. Eric G. Meyers, as Trustee of the Duke Street Trust, Case No. 152282, Circuit Court for Montgomery County, Maryland. Bank lending issues-loan default and interest rates-1997.
23. Caspa L. Harris v. Howard University, Inc. d/b/a Howard University, United Sates District Court for the District of Columbia, Case No. 1:96CV00404. Bank director actions and gross negligence with regard to lending issues-1997-1998. Deposition and trial testimony.
24. Edward Goldstein v. 91st Street Joint Venture Holding, Inc., Malcolm C. Berman, and Princess Hotel Limited Partnership. Case # 21 E 115 00055 96. Arbitration Case. Commercial lending practices and standards of care. 1998.
25. All American Pharmaceutical and Natural Foods Corp. v. Rocky Mountain Bank, Private Business, Inc., and Continental Insurance Company. Case # 98-0342, Montana Thirteenth Judicial District Court, Yellowstone County. Commercial lending practices and standards of care-lending/factoring. 1999.
26. Peoples Bank and the Glen Rock State Bank v. David L. Smith, individually and David. L. Smith, T/A Master Appraisers. Case # 98 SU 03464-01, Court of Common Pleas of York County, PA. Commercial lending practices and standards of care-real estate appraisals. 2000-2002.
27. Willmott Hardwoods, Inc. and John T. Willmott v. Framers Bank and Trust Company. Commonwealth of Kentucky, Scott Circuit Court, Civil Branch, Case No. 98-CI-00294. Commercial lending practices regarding loan commitments. 2000-2001. Deposition testimony.
28. Greenville Casino Partners, LLL v. Credit Suisse First Boston Mortgage Capital, LLC. United States District Court, Northern District of Mississippi, Greenville Division, Case # 4:99CV283-P-A. Commercial lending practices and standards of care relating to lender/advisor/fiduciary - borrower relationships. 2000/2001. Deposition testimony.
29. Stewart D. Sachs v. Regal Savings Bank, FSB et al. Circuit Court for Baltimore County. Case No. 03-C-96-002526. Regulation O, insider transactions as it relates to overdrafts for Bank Directors and acceptable standards. 2000. Deposition testimony.
30. Advanced Financial Services, Inc. v. Associated Appraisal Services, Inc., et.al. Superior Court J.D. Hartford/New Britain at Hartford, Connecticut. Case No. CV 98-0580372 S. Real estate appraisal standards and guidelines in real estate lending. 2000/2001.
31. Maryland Permanent Bank and Trust Company v. Stone Shore, LLC. Circuit Court for Baltimore County. Case No. C-00-1370 Consolidated with Case No. C-00-1369 and Case No. C-00-2611. Commercial lending standards of care. 2001. Deposition testimony.
32. SunTrust Bank T/A Crestar Bank v JTE, Inc., et.al. Circuit Court of Fairfax County, Virginia. At Law No.187530 Consolidated with At Law No.188994. Commercial lending practices as it relates to loan covenants and banks reasonableness with consent not to be unreasonably withheld. 2001.
33. Fleet Services Corporation v. ASA Real Estate Services. Superior Court, Judicial District of Waterbury, Docket No. CV 99-0156591 S. Real Estate appraisal standards and guidelines in real estate lending. 2001.
34. Art & Graphix Designs, Inc. v Ocean Bank. Miami, Florida. Circuit Court for the 11th Judicial Circuit in and for Miami-Dade County, Florida. General Jurisdictional Decision, Case No: 0031638-CA-13.Standards of care in commercial lending, bank overdrafts, spousal guaranty issues, and good faith and fair dealing. 2001.
35. Ambrosia Coal and Construction Co., et.al. v. People's Bank of Western Pennsylvania and Robert Koslow. Court of Common Pleas of Lawrence County, Pennsylvania, Civil Division, No. 10707/94 C.A. Standards of care in commercial landing, loan defaults, bank director actions, lender-borrower relationship versus fiduciary and bank director issues. 2001-2002.
36. Prestige Apparel Manufacturing, Inc. v KKD Imports, Inc. and Bank of America Commercial Corporation ( formerly Nationsbanc Commercial Corporation). Superior Court of New Jersey, Law Division-Bergen County, Docket No. L 3449-99. Standards of care in commercial lending. 2000-2001.
37. Unity House, Inc., et.al v. Stanford Carr Development Corporation. Honolulu, Hawaii, Civil No.: 99-1859-05. Standards of care in commercial lending, fiduciary issues as it relates to lender debtor relationship. 2001.
38. VendSouth, Inc./William O. Moseley, Jr., Trustee for VendSouth, Inc. vs. T.F. Arth, J.A. Arth, Mark Sylvestor and Branch Banking and Trust Company(BBT). United States Bankruptcy Court, Middle District of North Carolina, Greensboro Division, Case # B-00-10112C-7G. Funds management, payment against uncollected funds, check kiting, credit procedures for payment on these funds and standards of care used in this process. 2001-2004. Deposition testimony. See also case # 53.
39. R.G. Layne v. Bank One Kentucky and Banc One Securities Corp. and Charles E. Johnson, Jr. v. Bank One Kentucky and Banc One Securities Corp. U. S. District Court, Eastern District of Kentucky , Lexington Division. Case No. 01-269. Standards of care in commercial lending, good faith and fair dealing and loan administration issues-Lending against restricted stock- Rule 144. 2002/2003. Consultant only.
40. United Bank for Africa, PLC v. A.A. Coker, US District Court, Southern District of New York, Dockett # 94-CIV.0655. Standards of care in commercial lending, lending officer responsibilities, gross negligence in commercial lending. 2002/2004.
41. Buffum and Bellows Falls Food, Inc. v Chittenden Trust Co. d/b/a Chittenden Bank. State of Vermont, Windham, SS. Docket No. 450-10-01 Wmc. Standards of care in commercial lending and bank overdrafts and loan administration. 2002/2003. Deposition testimony.
42. Key Metal Services, LLC v. Key Bank and Trust. Circuit Court for Baltimore City. Standards of care in commercial lending, Spousal guarantee and Reg. B issues, loan approval and fair dealing issues. 2003.
43. Safeco Insurance v. Commercial Money Center, Inc. Equipment Leasing Litigation. US District Court, Northern District of Ohio, Eastern Division, Case No. 1:02 CV 16000, MDL Docket No. 1490. Standards of care in commercial lending as it relates to credit analysis/loan approvals, reliance on guarantor issues as source of repayment. Multi- jurisdictional case representing Safeco v. First Merit Bank, Provident Bank and Bank One, N.A. 2003/2010. Deposition testimony.
44. 4601 Forbes Boulevard, LLC, et. al. v. Westbrook Real Estate Partners, et. al. Circuit Court for Prince George's County, Maryland, Civil Case No. CAL02-14031. Standards of care in commercial lending dealing with loan covenant and compliance issues and good faith and fair dealing issues. 2003.
45. James C. Eigel v. Bank Philadelphia, et al. US District Court for Eastern District of Pennsylvania. Case No. 02-CV-975. Standard of care in fiduciary obligations as it relates to bank escrow agreement, bank conduct and bank standards of care as it relates to an escrow agreement. 2003/2004.
46. Cedar Hunt, LLC v. Royal Bank of Canada, et al. US District Court for Eastern District of Virginia, Alexandria Division, Civil Action No. 03-703-A. Standards of care in loan commitment and good faith and fair dealing issues. 2003/2004. Deposition testimony.
47. White Wolf, LLC v. BB&T. Circuit Court for Anne Arundel County, Maryland, Civil Action No. C2003-88653 CN. Standards of care in loan commitment and good faith and fair dealing issues. 2003/2004.
48. EPIC Funding Corporation v. Safeco Insurance Company of America. Superior Court of the State of California for the County of San Francisco. Case NO. 410477. Standards of care in commercial lending as it relates to loan approvals, reliance on guarantor issues as source of repayment. 2003-2006.
49. BB&T v. Deso, Thomas, Buckley & Stein, P.C., et al. Superior Court of the District of Columbia, Civil Division. Civil Action No.: 03-0005482. Standards of care in commercial loan administration. 2004.
50. J.G. Martin Company, Inc. v. Bank of America and Madison & Bradford F.S.L.A. Circuit Court for Baltimore City, Case No.:24-C-03-006930. Standards of care in deposit handling and negotiation of checks presented for payment. 2004.
51. BB&T v. Big Change Networks, et al. Superior Court of the District of Columbia, Civil Division. Civil Action No. 03-7253. Banking standards of care in loan defaults and good faith and fair dealing issues as it relates to loan payments. 2004.
52. M.M. Lapides, Sr., et al., v. Carr Maloney, P.C. Superior Court of the District of Columbia, Civil Division. Civil Action No.: 03-ca006131. Commercial banking standards of care in loan administration, loan defaults and good faith and fair dealing issues as it relates to the administration of the loan. 2004.
53. BB&T v. Lighthouse Financial Corporation. Superior Court Division, General Court of Justice, North Carolina, Forsyth County, Case # 04 CVS 1523. Check kiting, funds management, credit procedures, third party blocked account agreement and willful misconduct issues. 2004/2005.
54. Pacific Forest Products Corp/L Freedman, Liquidating Trustee of Pacific Forest v. A. Delgado, A. Goitia, Colonial Bank, SunTrust Bank. et al. US Bankruptcy Court, Southern District of Florida, Case No.:01-11281-BKC-AJC. Check kiting, funds management, payment against uncollected funds and banking standards, regulations and procedures of these issues. 2005-2007.
55. Ralph Roberts Real Estate, Inc. and related companies vs. JPMorgan Chase f/k/a Bank One, N.A., Comerica Bank, Citizens Bank, and Huntington National Bank. State of Michigan, Macomb County Circuit Court. Loan default, loan commitment issues, loan administration, and good faith and fair dealing and willful misconduct issues. Mediation. 2005.
56. SunTrust Bank Savannah vs. Adams Construction Company, et al Civil Action No: CV01-0115-BA, Superior Court of Chatham County, State of Georgia. Loan default and loan commitment termination issues. 2005. Deposition testimony.
57. M. Kreidler, Insurance Commissioner of State of Washington as Receiver for Western United Life Assurance Company v. Ernst & Young, LLP. Civil Action No: 04204737-9, Superior Court, State of Washington, County of Spokane. Commercial lending standards of care and negligent misrepresentation. 2005/2006.
58. Kennedy Funding, Inc. vs. Harbor Place, Inc. US District Court, District of New Jersey, Newark, New Jersey, Civil Action No: 2:04-cv-6018. Loan commitments and loan funding issues. 2005/2006.
59. Industrial Valley Title Insurance Company and Penn Title Insurance Company v. Zenith Abstract Company, Inc., Jefferson Bank, et al. Court of Common Pleas, Montgomery County, PA. Case No. 94-03637. Overdrafts and deposit and loan account administration issues. 2006.
60. MainSourceBank v. E. and S. Willhite. Hamilton County Superior Court, Case #29D02-MF-681, State of Indiana. Loan default and bank conduct issues. 2006.
61. US Surety Company e. al., v. KeyCorp, et. al. US District Court for the Northern District of Ohio at Cleveland, Case No. 1:05CV 2337. Loan default and bank conduct and good faith and fair dealing issues. 2006.
62. Matthews, Wilson & Matthews and Samantha D. Watkins vs. Capital City Bank. US District Court for the Southern Division of Georgia, Dublin Division. Civil Action NO.CV306-95. Loan default and bank conduct issues. 2007.
63. 3 Rivers Telephone Cooperative, Inc. at al. v Wachovia Bank National Association. Circuit Court for the City of Alexandria, Virginia. Case No. 0500-1560. Escrow account administration and handling issues. 2007.
64. Sea Trade Company, Ltd., et al Fleet Boston Financial Corp. US District Court, Southern District, Case No. 03 CV 10254. Overdraft extension of credit, account administration, pattern of dealing and good faith and fair dealing issues. 2007. Deposition testimony.
65. Alma Telephone Company, Inc. vs. SunTrust Bank. State Court of Ware County, State of Georgia: Civil Action No. SO6V-071. Escrow account administration and escrow handling issues. Deposition and trial testimony. 2007.
66. Geneva L. Watkins & Doge, Inc. v. Farmers and Merchant Bank/Capital City Bank and L.P. Keen Insurance Agency, Inc. State Court of Gwinett County, Georgia. Civil Action No. 06-C-10783-4. Loan and bank conduct issues, Bank Board of Director conduct issues. 2007. Deposition testimony.
67. Kimberly L. Thomas v. Wells Fargo Bank, N.A., Circuit Court for Montgomery County Maryland. Case No. 279370. Mortgage loan and bank conduct issues, loan underwriting and loan approval procedures, including good faith and fair dealing. 2008. Deposition testimony.
68. Carrolton Bank v. Eisner. Circuit Court for Baltimore County, Maryland. Case No.: 03-C-07-5422 CN. Commercial lending loan guaranty issues and compliance with ECOA, Equal Credit Opportunity Act as it relates to spousal guaranties. 2008.
69. Kennedy Funding, Inv. V. Ruggers Acquisition and Development, LLC and Christopher Sullivan. U.S. District Court, District of New Jersey, Civil Action No. 2:07-cv-669-FSH-PS. Loan commitment and loan funding issues. 2008-2009. Deposition testimony.
70. Wachovia Bank, N.A. v. 14th Street LLC. Circuit Court for Worcester County, State of Maryland. Case No.: 23-C-08-001615 CJ. Loan default, loan administration, forbearance agreement and good faith and fair dealing issues. 2008.
71. Bank of America, N.A. v BDO Seidman and Cobblestone Corp. of Northern New England, et al. Commonwealth of Massachusetts, Suffolk, SS. Superior Court Department, Business Litigation Section, Civil Action No. Loan requirements for proper credit analysis, reliance on auditor's financial statements and proper loan administration as it relates to bank practices in asset based lending. 2008/2009.
72. Brian Strayer et.al. v Wachovia Bank, et.al. U.S. District Court for the Middle District Court Pennsylvania. Civil Action No. 1:06-CV-2028. Proper commercial bank account administration and fraud prevention. 2009.
73. Acacia Federal Savings Bank v. Penan & Scott, P.C. U. S. District Court for the District of Maryland (Southern Division). Civil No. PJM-07-CV-2687. Reliance on audited financial statements and proper analysis by bank lender and proper loan administration as it relates to commercial bank lending practices in asset based lending. 2009.
74. B. Over v. E. Gordon, P.A. Circuit Court for Harford County, MD. Case No.:12-C-08-2628. Spousal guarantee and release issues on a commercial loan. 2009. Deposition testimony.
75. Fountain Lakes Residential Cooperative Corp., MDG Capital Corp, et.al v. Regions Bank and Morgan Keegan & Co., Inc. Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Civil Action No. 09-5010-CA. Loan commitment and good faith and fair dealing issues. 2009-2010.
76. Huntgain, LLC v. Union Bank. United States Bankruptcy Court for the District of Maryland (Baltimore Division), Chapter 11, Case Nos. 09-21052 (JS). Interest Rates in Bankruptcy. 2009-2010.
77. SLM Financial Corp. v. T. Morelllo, Sea Breeze Development and Bay Breeze Development. Superior Court of New Jersey, Burlington County Law Division, Docket No.: BUR-L-76-08. Loan defaults and good faith and fair dealing issues. 2010.
78. Ocean Bank v. Lexington Place Associates, LLC, et al. Circuit Court of the 9th Judicial Circuit, in and for Orange Country, Florida, Civil Division, Case No.:08-CA-2750. Loan default, loan guaranty issues and good faith and fair dealing issues. 2010. Deposition testimony.
79. Lebanon County Earned Income Tax Bureau v. Bank of Lebanon County now PNC Bank. Court of Common Pleas of Lebanon County, PA, No. 2007-01270. Check fraud and commercial banking policies, standards and procedures. 2010.
80. Mary B. Halsey and Charles F. Sposato v. Brantwood Golf Club, Inc., et al. Circuit Court for Cecil County, Case No. 07-C-08-000415 CJ. Bank lending conduct, loan default issues, bank officer and bank director conduct. 2010.
81. PNC Bank v. Freedom Is Not Free TT, Inc. et al. Court of Common Pleas, York County Pennsylvania, Docket Nos. 2010-SU-003026-30-40. Bank lending conduct and loan administration and loan default issues. 2010.
82. iStar FM Loans LLC v. Key Colony Development LLC and R. Donahue Peebles, individually. Circuit Court in and for Monroe County, Florida, Civil Division, Case No. 2008 CA 166M. Commercial lending loan commitment, loan documentation issues and loan default issues. 2010.
83. Akimya Investment, LLC and Shoma Development Corporation v. Wells Fargo Bank, successor to Wachovia Bank. District Court, Clark County, Nevada. Case No.: A-10-616402-B, Department No.: 13. Bank lending conduct, loan default issues, loan guarantee issues, appraisal and collateral issues and good faith and fair dealing issues. 2011.
84. Mobile Bay Investments v. Regions Banks. Loan commitment and bank course of conduct and good faith and fair dealing issues. Arbitration: Mobile, Alabama. 2011.
85. Commerce First Bank v. American Global Yacht Group, LLC et al. Circuit Court for Anne Arundel County, Maryland. Case No. 02-C-10-154332. Bank regulatory violations, Regulation O, and bank director conduct issues in loan approval. 2011.