lewy v. JP Morgan Chase Bank & Co.

Background

Lurline Lewy sued JP Morgan Chase Bank & Co. and JPMorgan Chase Bank, N.A., which the opinion collectively calls Chase. She sought to recover the contents of a bank account that she and her late husband maintained with Chase. Chase moved to dismiss the complaint on two grounds: that the claims were filed after the limitations period had expired, and that the complaint failed to state a legally sufficient claim.

Court’s analysis

The court held that Lewy’s demand for documentation concerning the transfer of her funds to the state in 2018 was within the statute of limitations. The court also held that the complaint contained plausible allegations sufficient to survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), which tests whether a complaint states a legally sufficient claim.

The court dismissed Lewy’s claims for breach of the implied covenant of good faith and fair dealing, negligence, and conversion because they were duplicative of her breach-of-contract claim. The opinion explains that the implied-covenant claim was based on the same facts as the contract claim, and that the negligence and conversion claims did not add a distinct basis for relief.

Ruling and next steps

As stated in the order’s conclusion, Chase’s motion to dismiss was denied. The order nevertheless specifically dismissed the three duplicative claims identified above. Chase was ordered to answer the complaint within 14 days, and the parties were directed to appear for an initial case-management conference on July 9, 2021. The clerk was directed to close the pending motion.