TERRY v. SunTRUST BANKS, INC.

Nos. 11-1704, 11-1707

GERALD R. TERRY; ANN T. ROBBINS; JANE T. EVANS, on their own behalf and on behalf of a class of others similarly situated, Plaintiffs-Appellants, v. SUNTRUST BANKS, INC., Defendant-Appellee, and THEODORE L. CHANDLER, JR.; CHRISTINE R. VLAHCEVIC; G. WILLIAM EVANS; RONALD B. RAMOS; DEVON M. JONES; STEPHEN CONNER, Defendants. ANGELA M. ARTHUR, as Trustee of the Arthur Declaration of Trust, dated December 29, 1988, and all similarly situated; VIVIAN R. HAYS, an individual, and all others similarly situated; LEAPIN EAGLE LLC, a limited liability company, and all others similarly situated; DENISE J. WILSON, an individual, and all others similarly situated, Plaintiffs-Appellants, v. SUNTRUST BANKS, INC., a Georgia corporation, Defendant-Appellee, and G. WILLIAM EVANS, an individual; STEPHEN CONNOR, an individual, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2012.


Attorney(s) appearing for the Case

ARGUED: Thomas G. Foley, Jr. , FOLEY BEZEK BEHLE & CURTIS, LLP, Santa Barbara, California, for Appellants.

Cory Hohnbaum , KING & SPALDING, LLP, Charlotte, North Carolina, for Appellees.

ON BRIEF: Cheryl F. Perkins , WHETSTONE MYERS PERKINS & FULDA, LLC, Columbia, South Carolina, James R. Gilreath , GILREATH LAW FIRM, Greenville, South Carolina, for Appellants Gerald R. Terry, Ann T. Robbins, Jane Evans; Robert L. Brace , HOLLISTER AND BRACE, Santa Barbara, California, for Appellants Angela M. Arthur, Vivian R. Hays, Leapin Eagle LLC, Denise J. Wilson.

Affirmed by unpublished opinion. Judge Davis wrote the opinion, in which Judge Agee and Judge Wynn joined.


Unpublished opinions are not binding precedent in this circuit.

DAVIS, Circuit Judge.

In these diversity actions, consolidated for pre-trial proceedings in the District of South Carolina by the Judicial Panel on Multi-District Litigation ("JPML"), the district court dismissed with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6) all claims against Appellee SunTrust Banks, Inc. ("SunTrust").1 The principal...

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