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Classic Cheesecake Co., Inc. v. JPMorgan Chase Bank, N.A.
Citation:
546 F.3d 839 (7th Cir. 2008)Facts
Classic Cheesecake Company needed additional capital to establish a distribution center in Las Vegas to serve new hotel and casino customers. In July 2004, Classic’s principals met with JPMorgan Chase Bank vice president Dowling to apply for a loan partially guaranteed by the Small Business Administration. After receiving requested documentation, Dowling allegedly assured Classic that the loan would be approved if one principal’s defaulted student loans were paid off. On September 17, Dowling told Classic the loan was “a go.” However, an internal email from August 19 showed Dowling’s superior had expressed concerns about the loan request, which Dowling did not share with Classic. Instead, she continued making verbal assurances until October 12, when she informed Classic the loan had been denied. Classic claims this 2.5-month delay in seeking loans elsewhere caused over $1 million in losses, including costs incurred in reliance on the loan’s approval, tax penalties, and emotional distress.
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