Freeman v. U.S. Bank National Ass'n

MEMORANDUM

Plaintiff Rahsaan Freeman (“Freeman”) appeals the summary judgment grant to defendant U.S. Bank National Association (“U.S. Bank” or “the bank”). A loan officer who had been terminated by U.S. Bank ten years earlier for various code of conduct/ethics violations, Freeman contends that when U.S. Bank extended a new offer of employment to him, he relied on U.S. Bank’s representation that it had conducted due diligence and that his prior termination would not present a problem going forward. Freeman also brings a claim for negligent misrepresentation for the same statement. We affirm in part, reverse in part, and remand for further proceedings.

Viewing the evidence in the light most favorable to the nonmoving party, as we must, Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007), Freeman has raised a material issue of fact about the existence of a specific and narrow promise by U.S. Bank that the bank had done its due diligence and that his prior termination would not affect his new employment. See Corey v. Pierce Cnty., 154 WashApp. 752, 225 P.3d 367, 376-77 (2010).

The reasonableness of Freeman’s reliance on this representation is not necessarily…