Scott Johnstone, Appellant v. Discover Bank — 11th Cir. (Sep 29, 2026)

No. 25-11458 Argued September 29, 2026 Published September 30, 2026

The Eleventh Circuit hears Scott Johnstone's appeal against Discover Bank. While he was incarcerated, Johnstone says money was taken from his bank accounts without permission. He and his sister reported suspected fraud, and Discover later froze the accounts. A federal judge ruled for Discover without a trial, finding that Johnstone's written notice came too late under the account agreement and that he had not shown a contractual promise the bank broke. That ruling is summary judgment, available only when no material fact is genuinely disputed. The judges will examine when the withdrawals began, when Discover received notice, and whether the bank could be responsible for later transactions.

Scott Johnstone, Appellant v. Discover Bank (No. 25-11458) — U.S. Court of Appeals for the Eleventh Circuit, argued September 29, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Eleventh Circuit (public domain, 17 U.S.C. § 105):https://www.ca11.uscourts.gov/sites/default/files/oral_argument_recordings/25-11458_09292026.mp3

Argument listing — U.S. Court of Appeals for the Eleventh Circuit:https://www.ca11.uscourts.gov/oral-argument-recordings?page=0

Appellate docket and counsel — PACER-derived Justia record:https://dockets.justia.com/docket/circuit-courts/ca11/25-11458

Case facts and district-court ruling — Southwestern Association of Bank Counsel:https://member.texasbankers.com/common/Uploaded%20files/TexasBankLawyer/TBL_Vol49No04-Sept2025.pdf

Summary-judgment standard — Federal Rule of Civil Procedure 56:https://www.law.cornell.edu/rules/frcp/rule_56

0:00Introduction