Justia Commercial Law Opinion SummariesArticles Posted in Maine Supreme Court
Cach, L.L.C. v. Kulas
Cach, L.L.C., alleging that it was an assignee of Bank of America, filed a complaint against Nathaniel Kulas seeking principal and interest on an unpaid credit card balance. The complaint stated that Kulas owed $6042 on the account. Cach then filed a motion for summary judgment, supporting its motion with affidavits and other documents alleging that the balance due on the account was $6042. In response, Kulas filed an objections to the summary judgment motion. The court found Kulas's responses were procedurally defective and granted Cach's motion for summary judgment. On appeal, the Supreme Court held that Cach's support for its assertions that it received an assignment of the account from the bank and that Kulas owed $6042 on the account was inadequate. Because Cach failed to properly establish each element of its claim without dispute as to material fact, the Court vacated the district court's grant of summary judgment and remanded the case.