Old National Bank v. Steven Kelly, Jon A. Cook, and Rebecca F. Cook, individually and on behalf of others similarly situated

BAILEY, Judge.

Case Summary

[1] Old National Bank (“the Bank”) brings an interlocutory appeal challenging the trial court’s denial of the Bank’s motion for summary judgment upon breach of contract, conversion, and equitable claims of a certified class of depositors-plaintiffs who were charged overdraft fees stemming from debit card transactions (hereinafter, “Depositors”). 1 We affirm in part and reverse in part.

Issue

[2] The Bank presents a single (consolidated) issue: whether it is entitled to summary judgment upon each of Depositor’s claims because those claims are preempted by federal law or…