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HASAN v. CHASE BANK USA, N.A.

Nos. 16-1418, 17-1072.

880 F.3d 1217 (2018)

Malik M. HASAN, M.D., Plaintiff-Appellant, v. CHASE BANK USA, N.A., Defendant-Appellee. Malik M. Hasan, M.D., Plaintiff-Appellant, v. American Express Centurion Bank, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 26, 2018.

Attorney(s) appearing for the Case

Glenn W. Merrick , G.W. Merrick & Associates, LLC, Centennial, Colorado, for Plaintiff-Appellant.

Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York ( Arpit K. Garg , Wilmer Cutler Pickering Hale and Dorr, Washington D.C., with him on the brief), for Defendant-Appellee Chase Bank USA, N.A.

Steven M. McCartan , Shook, Hardy & Bacon LLP, Kansas City, Missouri, ( Eric J. Hobbs , Shook, Hardy & Bacon LLP, Denver, Colorado, with him on the brief), for Defendant-Appellee American Express Centurion Bank.

Before MORITZ, KELLY, and MURPHY, Circuit Judges.

Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that under a provision...

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