MBNA Under Fire: Kansas Supreme Court

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

MBNA Under Fire: Kansas Supreme Court

Post by David A. Szwak »

MBNA's assertion that this ruling came without warning or adequate time for response also is without merit. We therefore conclude that the district court did not err. Finally, we note that a panel of our Court of Appeals has reached a similar conclusion on similar facts in another case involving MBNA's efforts to arbitrate a dispute. See MBNA America Bank v. Barben, No. 92,085, unpublished opinion filed May 20, 2005. We also note that these Kansas cases appear to reflect a national trend in which consumers are questioning MBNA and whether arbitration agreements exist. See e.g., MBNA America Bank, N.A. v. Boata, 94 Conn. App. 559, 893 A.2d 479 (2006); MBNA America Bank, N.A. v. Rogers, 838 N.E.2d 475 (Ind. App. 2005); MBNA America Bank, N.A. v. Hart, 710 N.W.2d 125 (N.D. 2006); MBNA Am. Bank, N.A. v. Terry, 2006 WL 513952 (Ohio); MBNA America Bank, N.A. v. Berlin, 2005 WL 3193850 (Ohio App.); MBNA America Bank, N.A. v. Perese, 2006 WL 398188 (Texas App.). Given MBNA's casual approach to this litigation, we are not surprised that the trend may be growing.

IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 94,380
MBNA AMERICA BANK, N.A. v. LORETTA K. CREDIT
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
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Fax 318-221-6555
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