Perik v. JPMorgan Chase Bank, N.A.

Plaintiff filed arbitration claim against Defendant bank, alleging that bank had published false fraud report as to her use of her checking account. Plaintiff sought arbitration of her claim that Defendant bank, as successor in interest, was liable for other bank's libel per se. As Plaintiff failed to exhaust her administrative remedies prior to filing her motion to vacate arbitrator's dismissal of her claim that Defendant bank was liable for other bank's prereceivership libel, pursuant to Financial Institutions Reform, Recoverym, and Enforcement Act, court had no jurisdiction to consider motion. Thus, trial court directed to vacate its judgment and to dismiss action.(McBRIDE and GORDO, concurring.)