CCC Employee of Gerber and Gerber PC Stole Some Cashiers & Payable Checks Analysis

The legal opinion of Gerber Gerber, P.C. v. Regions Bank, the case The rubric by which students’ responses will be graded.A document called “How to Analyze a Case,” which will give you tips on how to evaluate the facts, legal issues, and court’s analysis in Gerber Gerber, P.C. v. Regions Bank and other cases you will read.Student Opinion. Please respond 2-3 sentencethe court properly analyzed and applied the law and facts in deciding on each issue in the case. First, the court properly denied Regions Bank a summary judgment as it did not act in good faith. Good faith is honesty and entails observing reasonable commercial standards of fair dealing. An ordinary employee cashing out checks worth thousands of dollars in the same bank where his employer also operates accounts is suspicious, and the bank should have acted (Gerber Gerber, PC v. Regions Bank, 2004). In addition, the employee cashed over $ 150 000 worth of checks and deposited the cash into his bank account. The bank had the responsibility to inquire from the GG or inform it that a transaction of such a magnitude was about to be made on its account.Second, the bank properly disputed Regions Bank’s claim that it was a holder of due course according to OCGA §?11-3-302 and hence deserved a summary judgment on the claims made in the complaint. The bank should not be granted this wish because it acted negligently in accepting the check for the deposit (Gerber Gerber, PC v. Regions Bank, 2004). Also, Regions Banks failed to adhere to reasonable commercial standards of due care by accepting the checks. This implies that the bank went further to cash out the checks without due diligence or honoring standards of fair dealing. It is unfair for the bank to conduct a transaction of such magnitude without informing the affected parties.