Seals v. Omni Bank Insurance Companies, 104 So. 3d 667

Seals opened Omni checking with overdraft protection on July 22, 2008.
Between Sept 29 and Oct 1, 2008, Omni honored overdrafts on 24 transactions, then dishonored a $40 check on Oct 2, 2008, charging NSF and overdraft fees.
In May 2009, Omni cashed two fraudulent checks using Seals’ Mobility Impaired card; after informing Omni of theft, Omni credited $1,200 upon verification.
Seals reported four unauthorized online transactions; Omni credited $166.05 and Seals then opened new accounts and later requested a new debit card which Omni denied.
Seals sued Omni for various claims; Omni moved for summary judgment; district court granted; Seals appealed on de novo review, asserting multiple theories.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Contract breach by dishonoring overdrawn check	Seals claims Omni breached overdraft contract.	Omni showed discretion to dishonor when warranted; no breach established.	Summary judgment proper; no breach shown.
Fiduciary duty owed by Omni	Seals alleges fiduciary duty by Omni.	No fiduciary duty absent written agreement.	No fiduciary duty; summary judgment affirmed.
Duty of care by Omni	Omni breached duty of care to Seals.	Omni credited legitimate fraud claims; no duty breached.	No duty proven; summary judgment affirmed.
Duty of loyalty of Omni	Omni breached loyalty to Seals.	No statutory or case-law duty of loyalty.	No duty of loyalty; summary judgment affirmed.

Costello v. Hardy, 864 So.2d 129 (La. 2004) (requirements for defamation claims reemphasized)
White v. Monsanto Co., 585 So.2d 1205 (La. 1991) (emotional distress standards; IIED elements)
Moresi v. State Through Dep't of Wildlife and Fisheries, 567 So.2d 1081 (La.1990) (negligent infliction of emotional distress not generally recognized)
Leary v. Foley, 978 So.2d 1018 (La.App. 4 Cir. 2008) (judgment silence implies rejection of claims)
Favrot v. Favrot, 68 So.3d 1099 (La.App. 4 Cir. 2011) (contract/breach analysis standards; evidentiary burden)