Attorneys for Harland Financial Solutions removed a four-year-old class action from St. Clair County Circuit Court to federal court citing the Class Action Fairness Act of 2005.
The case was originally filed in 2002 and styled Kenneth Kitson et. al. v. The Bank of Edwardsville.
Harland claims they were not named as a defendant in the case until June 26, when the plaintiff was granted leave and amended his complaint.
Harland also claims the case should be removed to federal court because the case value exceeds $5 million and they are a citizen of a different state than the plaintiff since their principle place of business is Oregon.
In the amended complaint, Kitson seeks monetary damages in excess of $50,000 for an alleged breach of contract, an injunction enjoining Harland from licensing and collecting licensing fees from the Bank of Edwardsville for Laser Pro Software, punitive damages and reasonable attorney fees.
Harland claims their investigations into the allegations continue and are incomplete.
They are represented by Russell Scott of Greensfelder, Hemker & Gale of Belleville.
The class is represented by Bernard Ysursa, Pat Ducey and Thomas Ysursa.
The case has been assigned to Chief District Judge Patrick Murphy.