Judge Dismisses Suit Against Barclays Bank for Lack of Jurisdiction

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Summary: L. Londell McMillan’s suit against Barclays has been dismissed in New York. The judge stated that the court does not have jurisdiction to hear the case.

L. Londell McMillan, a renowned attorney in the entertainment law industry, sued Barclays and former Dewey & LeBouef higher-ups Stephen DiCarmien, Francis Canellas, Steven Davis, and Joel Sanders last year. McMillan argued that he did not agree to a bank loan of $540,000 in exchange for a capital contribution to Dewey. Among his arguments, McMillan claimed that a loan letter agreement that appeared to memorialize the deal was falsified. He vehemently denied ever applying for such a loan.

  

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Prior to the filing of the lawsuit against Barclays in New York, the bank had filed a lawsuit to enforce the agreement against McMillan in an English court. McMillan argued that England did not have jurisdiction over the case, and that proper jurisdiction to hear the suit was New York since the case arose in or was related to the bankruptcy of Dewey in the Southern District.

Judge Andrew Carter Jr. saw the facts differently. He opined that McMillan’s claims were not limited to the firm’s bankruptcy. The judge declined to exercise bankruptcy jurisdiction over the case, and clarified that McMillan’s allegations were based in state law contract and tort claims, as opposed to federal or bankruptcy claims.

Austin Campriello of Bryan Cave and attorney for DiCarmine, stated, “We are delighted that the case was dismissed, both because our position was correct and also because it clears the deck for us to focus on the criminal case.” DiCarmine, Sanders, and Davis are facing criminal charges that could go to trial in early 2015. Sanders’ attorney, Ned Bassen of Hughes Hubbard & Reed, staid that civil claims have been dismissed, settled, or stayed while the criminal case is pending.

Photo credit: ibtimes.co.uk