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Legal Proceedings
6 Months Ended
Jun. 30, 2012
Legal Proceedings [Abstract]  
Legal Proceedings

Note 17 Legal Proceedings

We establish accruals for legal proceedings, including litigation and regulatory and governmental investigations and inquiries, when information related to the loss contingencies represented by those matters indicates both that a loss is probable and that the amount of loss can be reasonably estimated. Any such accruals are adjusted thereafter as appropriate to reflect changed circumstances. When we are able to do so, we also determine estimates of possible losses or ranges of possible losses, whether in excess of any related accrued liability or where there is no accrued liability, for disclosed legal proceedings (“Disclosed Matters,” which are those matters disclosed in this Note 17 and also those matters disclosed in Note 22 Legal Proceedings in Part II, Item 8 of our 2011 Form 10-K and in Note 16 Legal Proceedings in Part I, Item 1 of our first quarter 2012 Form 10-Q (such prior disclosure referred to as “Prior Disclosure”)). For Disclosed Matters where we are able to estimate such possible losses or ranges of possible losses, as of June 30, 2012, we estimate that it is reasonably possible that we could incur losses in an aggregate amount of up to approximately $475 million. The estimates included in this amount are based on our analysis of currently available information and are subject to significant judgment and a variety of assumptions and uncertainties. As new information is obtained we may change our estimates. Due to the inherent subjectivity of the assessments and unpredictability of outcomes of legal proceedings, any amounts accrued or included in this aggregate amount may not represent the ultimate loss to us from the legal proceedings in question. Thus, our exposure and ultimate losses may be higher, and possibly significantly so, than the amounts accrued or this aggregate amount.

 

The aggregate estimated amount provided above does not include an estimate for every Disclosed Matter, as we are unable, at this time, to estimate the losses that it is reasonably possible that we could incur or ranges of such losses with respect to some of the matters disclosed for one or more of the following reasons. In our experience, legal proceedings are inherently unpredictable. In many legal proceedings, various factors exacerbate this inherent unpredictability, including, among others, one or more of the following: the proceeding is in its early stages; the damages sought are unspecified, unsupported or uncertain; it is unclear whether a case brought as a class action will be allowed to proceed on that basis or, if permitted to proceed as a class action, how the class will be defined; the plaintiff is seeking relief other than or in addition to compensatory damages; the matter presents meaningful legal uncertainties, including novel issues of law; we have not engaged in meaningful settlement discussions; discovery has not started or is not complete; there are significant facts in dispute; and there are a large number of parties named as defendants (including where it is uncertain how liability and damages, if any, will be shared among multiple defendants). Generally, the less progress that has been made in the proceedings or the broader the range of potential results, the harder it is for us to estimate losses or ranges of losses that it is reasonably possible we could incur. Therefore, as the estimated aggregate amount disclosed above does not include all of the Disclosed Matters, the amount disclosed above does not represent our maximum reasonably possible loss exposure for all of the Disclosed Matters. The estimated aggregate amount also does not reflect any of our exposure to matters not so disclosed, as discussed below under “Other.”

 

We include in some of the descriptions of individual Disclosed Matters certain quantitative information related to the plaintiff's claim against us as alleged in the plaintiff's pleadings or other public filings or otherwise publicly available. While information of this type may provide insight into the potential magnitude of a matter, it does not necessarily represent our estimate of reasonably possible loss or our judgment as to any currently appropriate accrual.

Some of our exposure in Disclosed Matters may be offset by applicable insurance coverage. We do not consider the possible availability of insurance coverage in determining the amounts of any accruals (although we record the amount of related insurance recoveries that are deemed probable up to the amount of the accrual) or in determining any estimates of possible losses or ranges of possible losses.

Securities and State Law Fiduciary Cases against National City

In May 2008, a lawsuit (The Dispatch Printing Company, et al. v. National City Corporation, et al. (Case No. 08CVH-6506)) was filed on behalf of an individual plaintiff in the Franklin County, Ohio, Court of Common Pleas against National City, certain directors of National City, and Corsair Co-Invest, L.P. and unnamed other investors participating in the April 2008 capital infusion into National City, alleging that National City's directors breached their fiduciary duties by entering into this capital infusion transaction. A motion to dismiss the case as originally filed was denied. After the initial filing, two additional plaintiffs were added. The plaintiffs filed an amended complaint in December 2010. The amended complaint added PNC as a defendant as successor in interest to National City. In the amended complaint, which included some additional allegations, the plaintiffs sought, among other things, unspecified actual and punitive damages, and attorneys' fees. In July 2012, the parties reached an agreement to settle this case. The amount of the settlement is not material to PNC.

Interchange Litigation

In July 2012, the parties entered into a memorandum of understanding with the class plaintiffs and an agreement in principle with certain individual plaintiffs with respect to a settlement of the cases that have been consolidated for pretrial proceedings in the United States District Court for the Eastern District of New York under the caption In re Payment Card Interchange Fee and Merchant-Discount Antitrust Litigation (Master File No. 1:05-md-1720-JG-JO), under which the defendants will collectively pay approximately $6.6 billion to the class and individual settling plaintiffs and have agreed to changes in the terms applicable to their respective card networks. The settlement is subject to, among other things, final documentation and court approval. As a result of the previously funded litigation escrow (described in Note 23 Commitments and Guarantees in Part II, Item 8 of our 2011 Form 10-K), which will cover substantially all of our share of the Visa portion, the impact to our second quarter results was not material and we anticipate no material financial impact from the monetary amount of this settlement.

CBNV Mortgage Litigation

In May 2012, the Residential Funding Company, LLC, one of our co-defendants in the multidistrict litigation currently pending in the United States District Court for the Western District of Pennsylvania under the caption In re: Community Bank of Northern Virginia Lending Practices Litigation (No. 03-0425 (W.D. Pa.), MDL No. 1674), filed for bankruptcy protection under Chapter 11.

 

Overdraft Litigation

In May 2012, in the lawsuits consolidated for pre-trial proceedings under the caption In re Checking Account Overdraft Litigation (MDL No. 2036, Case No. 1:09-MD-02036-JLK), the United States District Court for the Southern District of Florida granted plaintiffs' motion for class certification in the cases captioned Casayuran, et al. v. PNC Bank, National Association (Case No. 10-cv-20496-JLK), Cowen, et al. v. PNC Bank, National Association (Case No. 10-CV-21869-JLK), and Hernandez, et al. v. PNC Bank, National Association (Case No. 10-CV-21868-JLK).

 

In June 2012, PNC Bank reached an agreement in principle to settle the three cases listed above in which class certification had been granted against PNC Bank in the MDL Court. As previously reported, this agreement in principle provides for settlement of these cases for $90 million. This settlement is subject to, among other things, final documentation, notice to the class, and court approval.

 

Weavering Macro Fixed Income Fund

The modular trial in the matter currently pending in High Court, Dublin, Ireland is scheduled for December 2012. In July 2012 the plaintiff in that matter moved in the Supreme Court of Ireland to stay the modular trial pending its appeal to the Supreme Court of the judgment of the High Court ordering that trial. The appeal and the motion to stay are pending, and the Supreme Court has adjourned the hearing on the motion to stay so that it can heard at the same time as the hearing on the appeal. The Supreme Court has indicated that it will schedule the hearing on both for November 2012.

 

Captive Mortgage Reinsurance Litigation

In June 2012, the United States Supreme Court dismissed its prior grant of a writ of certiorari in First American Financial Corporation v. Edwards. In August 2012, the United States District Court for the Eastern District of Pennsylvania lifted its stay in White, et al. v. The PNC Financial Services Group, Inc., et al. (Civil Action No. 11-7928), granted in March 2012 pending the decision in First American, and directed the plaintiffs to file an amended complaint.

Other Regulatory and Governmental Inquiries

PNC is the subject of investigations, audits and other forms of regulatory and governmental inquiry covering a broad range of issues in our banking, securities and other financial services businesses, in some cases as part of reviews of specified activities at multiple industry participants. Over the last few years, we have experienced an increase in regulatory and governmental investigations, audits and other inquiries. Areas of current regulatory or governmental inquiry with respect to PNC include consumer financial protection, fair lending, mortgage origination and servicing, mortgage-related insurance and reinsurance, municipal finance activities, and participation in government insurance or guarantee programs, some of which are described below. These inquiries, including those described in Prior Disclosure, may lead to administrative, civil or criminal proceedings, and possibly result in remedies including fines, penalties, restitution, alterations in our business practices, and in additional expenses and collateral costs.

 

Our practice is to cooperate fully with regulatory and governmental investigations, audits and other inquiries, including those described in Prior Disclosure.

Other

In addition to the proceedings or other matters described above, PNC and persons to whom we may have indemnification obligations, in the normal course of business, are subject to various other pending and threatened legal proceedings in which claims for monetary damages and other relief are asserted. We do not anticipate, at the present time, that the ultimate aggregate liability, if any, arising out of such other legal proceedings will have a material adverse effect on our financial position. However, we cannot now determine whether or not any claims asserted against us or others to whom we may have indemnification obligations, whether in the proceedings or other matters described above or otherwise, will have a material adverse effect on our results of operations in any future reporting period, which will depend on, among other things, the amount of the loss resulting from the claim and the amount of income otherwise reported for the reporting period.

 

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See Note 18 Commitments and Guarantees for additional information regarding the Visa indemnification and our other obligations to provide indemnification, including to current and former officers, directors, employees and agents of PNC and companies we have acquired, including National City.