Kelly Langley v. Chase Bank USA, NA , 430 F. App'x 312 ( 2011 )

Case: 10-10876 Document: 00511516886 Page: 1 Date Filed: 06/22/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 22, 2011
No. 10-10876 Lyle W. Cayce
Clerk
KELLY B. LANGLEY; CLASSIC CLIPS, L.C.,
Plaintiffs - Appellants,
v.
CHASE BANK USA NA,
Defendant - Appellee
Appeal from the United States District Court
for the Northern District of Texas
Dist. Ct. No. 3:10-CV-587
Before JOLLY and HAYNES, Circuit Judges, and VANCE * , District Judge.
PER CURIAM:**
Kelly Langley and his company, Classic Clips, individually, and on behalf
of a putative class, sued Chase Bank for alleged breaches of the implied duty of
good faith and fair dealing under Delaware law arising out of a business loan
transaction. The district court granted Chase Bank’s motion to dismiss for
failure to state a claim, reasoning that the facts stated in the complaint, taken
as true, did not state a claim for breach of that duty. Having reviewed and
*
Chief Judge of the Eastern District of Louisiana, sitting by designation.
**
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-10876 Document: 00511516886 Page: 2 Date Filed: 06/22/2011
No. 10-10876
considered the pertinent portions of the record, the parties’ briefing, and their
oral arguments in light of Delaware law, we conclude that the district court
made no error warranting reversal. Nemec v. Shrader, 991 A.2d 1120 (Del.
2010). Accordingly, the judgment of the district court is AFFIRMED.
2