Kuebler v. Martin

KLIEBERT, Judge.

This action is brought by plaintiffs-appellants, David W. Kuebler and Professional Planners, Inc., who allege they were victims of a criminal “Ponzi” and “Check Kiting Scheme”1 perpetrated by Lynn Paul Martin (“Martin”).2 The petitions, as amended, urge claims against Martin individually and d/b/a L.P.M. Enterprises, the Estate of Michael B. Palmer (“Palmer”), E. Eugene Gilbert, III, the Bank of LaPlace (“BOL”) and Metairie Bank (and Trust Co.) (“MB & T”). Insofar as the claims against the banks are concerned, three theories for recovery are urged: (1) negligence, (2)…