Tale of Two Headlines: Checking Overdraft Update…or Herman Russomanno Looked White Hot!

So who else saw Herman Russomanno looking quite dapper at the Heat game last night?

LOVE the white jacket and red hankie!

In other SD FL news, the plaintiffs in the Checking Overdraft litigation, in light of new bank motions to arbitrate filed after the Supreme Court’s Concepcion decision, are arguing waiver (of course) but also that the Supreme Court didn’t fundamentally change the law in the 11th Circuit:

Simply put, Concepcion did not change the law of arbitration enforceability in the vast majority of the relevant states. For example, Concepcion changes nothing in states such as Florida, Georgia, Texas and others, where certain Plaintiffs reside. These states have never adopted a rule even closely resembling Discover Bank’s per se rule against class action waivers.

What do you think — does this argument hold water?