U.S. Bank plans to appeal a federal jury decision that the bank wrongfully cashed "For Deposit Only" checks to a Crescent "No Lawyers" Bar & Grill employee who later pleaded guilty to grand theft.
Boise-based attorney Tom Lloyd filed the notice of appeal on Friday. The Ninth Circuit Court of Appeals set a briefing schedule that calls for the bank to file a brief in May, followed by a brief from the Crescent's attorneys in June.
A three-judge panel of the Ninth Circuit will hear and decide the appeal. If briefing isn't delayed, approximately nine to 12 months from completion of briefing, according to the Ninth Circuit's Web site.
After the January verdict was entered, the bank was ordered to pay $86,500 (the amount of the checks), plus $35,054.29 for pre-judgment interest. A daily per diem of statutory pre-judgment interest brought the total judgment to $131,849.57.
Crescent owners Jody and Butch Morrison filed suit against U.S. Bank in November 2010, accusing it of cashing 127 company checks labeled "for deposit only" for former employee Kristi L. "Cookie" Hurles.
Hurles pleaded guilty to one count of grand theft in February 2011. In May of that year, she was sentenced to 14 years in prison, with eligibility for parole after two. She was ordered to pay $204,174.61, including attorney fees of $48,734.61.
Katy Moeller: 377-6413