Texas Fiduciary Litigator: Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Consumer (January 18, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Denson v. JPMorgan Chase Bank.

In Denson v. JPMorgan Chase Bank, N.A., Sandra Denson went to her bank to deposit $730 when a $50 bill became temporarily stuck in the cash counting machine, causing the teller to miscount the amount of the deposit as $680. No. 01-19-00107-CV, 2020 Tex. App. LEXIS 9412 (Tex. App.—Houston [1st Dist.] December 3, 2020, no pet. history). Denson then cursed at the teller, calling her “stupid” and a “dumb bitch,” told her that she needed her “ass whipped,” and suggested that the teller needed to be retrained and that the teller was “going to keep that $50 for lunch.” The missing bill was discovered moments later, and Denson’s account was immediately credited with the full deposit amount of $730. In light of this and previous documented incidents during which Denson verbally abused bank employees, the bank decided to end its relationship with Denson and close her accounts. Denson then sued the bank for numerous claims, including breach of fiduciary duty. The trial court awarded summary judgment for the bank, and Denson appealed. 

To see the full article, click: Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Consumer

To download the full opinion, click Denson v. JPMorgan Chase Bank

Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.

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