This section contains the nature of the case and procedural background.

Ps' employee stole a substantial sum from Ps by depositing fraudulently drawn checks into her personal bank account. The employee deposited the fraudulent checks into her personal bank account at D's bank. Ps sued Ds seeking to recover their money under the theory that D was comparatively negligent under § 3404(b) when they accepted the fraudulent checks. Plaintiffs are two law firms and a corporation that processes payments on behalf of those firms. Molly Moore began working for Ps. Her responsibilities included depositing the law firms' revenues into the payment processor's account, using the law firms' funds to pay the firms' vendors, and making entries in the payment processor's accounting system to record checks issued to vendors. Between February 15, 2018, and March 19, 2020, Moore used her position to steal money by issuing checks on behalf of the payment processor that were payable to 'Bounds Contracting/M.L. Bounds.' Moore then endorsed the checks and remotely deposited the checks into her personal D Bank account. Moore had registered her personal account under only the name 'Molly Moore.' Moore created over 175 fraudulent checks totaling $130,725.39, all of which she remotely deposited into her D account. Ps claim Ds were comparatively negligent in accepting the fraudulent checks from Moore. After amended complaints, D again moved to dismiss the complaint for failure to state a claim.

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