United States Fifth Circuit

In a breach of contract dispute involving the extension of a credit facility, summary judgment for Defendant is affirmed in part where Defendants owed no fiduciary duty to Plaintiff; but reversed in part, where Plaintiff's detrimental reliance and promissory estoppel claims derived from a breach of promise rather than a breach of duty, and thus were not barred by the statute of limitations.

Appellate Information

• Decided 07/09/2009
• Published 07/09/2009

Judges

• HAYNES, Circuit Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Phillip A. Wittmann (argued), Barry Weldon Ashe, Heather Shauri Lonian, Paul James Masinter, Stone, Pigman, Walther & Wittmann, New Orleans, LA, Rebecca Lisbeth Fine, Steven Schindler, Schindler, Cohen & Hochman, New York, NY, for Plaintiff-Appellant Cross-Appellee,, Lawrence J. Portnoy (argued), Daniel S. Kahn, Wesley Martin Mullen, Davis, Polk & Wardwell, L.L.P., New York, NY, Terry Christovich Gay, Christovich & Kearney, New Orleans, LA, for Defendants-Appellees Cross-Appellants.