Legal Opinion · Concurring in part, dissenting in part

Ducote v. Whitney National Bank

Louisiana Court of Appeal

Decided February 22, 2017No. 16-CA-574Published

1Concurring in part, dissenting in partLiljegerg, J.

|UI agree with the majority’s decision to affirm the trial court’s judgment to the extent it dismissed plaintiffs’ claims against defendant, Whitney National Bank, for its conduct relating to the alleged unauthorized funds transfers from Mr. Du-cote’s account by means of checks and debit memos. These transactions are governed by the UCC and the claims arising from these transactions are barred by the terms of the deposit agreement and La. R.S. 10:4-406, due to plaintiffs’ failure to timely contest these transactions. However, I disagree with the majority’s decision to affirm the trial court’s…

2Cases cited8 opinions

  1. Canovsky v. GehrsenLouisiana Court of Appeal · 1927
  2. Eric Eisenberg v. Wachovia Bank, N.A.Court of Appeals for the Fourth Circuit · 2002
  3. Specialized Loan Servicing, L.L.C. v. JanuarySupreme Court of Louisiana · 2013
  4. Cromwell v. Commerce & Energy BankSupreme Court of Louisiana · 1985
  5. ASP Enterprises, Inc. v. GuilloryLouisiana Court of Appeal · 2009

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