In a victory for our client Capital One Bank, the Kansas Court of Appeals on February 25, 2011, upheld the district court’s grant of summary judgment against a credit card holder in a long-running dispute that began in 2003 over his failure to make credit card payments. Capital One sued the customer to collect the balances on the credit card accounts, and the customer counterclaimed for breach of contract and numerous other allegations including fraud and violations of the Kansas Consumer Protection Act. Defendant discharged his debts in bankruptcy, but subsequently continued to proceed against Capital One on his counterclaims. In January 2010, the district court granted Capital One’s motion for summary judgment on the defendant’s counterclaims. The customer moved for reconsideration, but the lower court denied his request. He then appealed to the Court of Appeals, which ruled for Capital One after finding the district court did not abuse its discretion in granting summary judgment for Capital One or on any of the Court’s other relevant rulings.
Darren K. Sharp represented Capital One.