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BB&T Asks Court to Kill Lawsuit
Lawyers for Branch Bank and Trust Company (BB&T) have filed a motion in federal court to dismiss a civil suit brought by Warrenton business earlier this year.
Closing Connection, LLC, is suing the bank for negligence, breach of fiduciary duty and breach of contract. The claims are being made in connection with incidents of alleged wire fraud in 2007.
In the memorandum in support of the motion for dismissal, which was filed in U.S. District Court for the Eastern District Court last week, Grady C. Frank Jr. of McLean-based Troutman Sanders LLP said each claim is “based essentially on the vague allegation that BB&T ‘allowed’ a breach in the security of Plaintiff’s escrow account at BB&T.”
The breach supposedly enabled Kevin Carter and Carter Advisors International, Inc., (the co-defendants in the case) to steal more than $328,500 by a wire transfer from Closing Connection’s account.
The allegations made against the bank are “unsubstantiated” and “fail to state a claim upon which relief can be granted,” Frank said in court documents. Consequently the suit should be dismissed “as a matter of law,” he maintained.
See the Fauquier Times-Democrat for the complete story..
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