Opinion

Simmons, Morris & Carroll, LLC v. Capital One, N.A.

  • 144 So. 3d 1207
  • 2014 La. App. LEXIS 1643
  • 2014 WL 2917050
Court
Louisiana Court of Appeal
Filed
Jun 27, 2014
Status
Published
On the bench
Brown, Caraway, Drew, Garrett, Stewart
Cited by
6 cases

recognizing that a bank owes a duty of reasonable care for a negligent misrepresentation claim when advising a customer on a matter within its particular area of expertise, though finding that situation not present under the facts of the case (citing In re Succession of McKnight, 33,802 (La. App. 2d Cir.10/4/00), 768 So. 2d 794 , 797–98)

How later courts described this case

  • recognizing that a bank owes a duty of reasonable care for a negligent misrepresentation claim when advising a customer on a matter within its particular area of expertise, though finding that situation not present under the facts of the case (citing In re Succession of McKnight, 33,802 (La. App. 2d Cir.10/4/00), 768 So. 2d 794 , 797–98)
  • “Though a harsh result, jurisprudence from other states has favored the bank over similar victims who fell prey to such scams.”

Written by the judges who cited it.

The opinion

APPLICATION FOR REHEARING

Before BROWN, STEWART, CARAWAY, DREW and GARRETT, JJ.

Rehearing denied.

BROWN and GARRETT, JJ., would grant rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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