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  • Marion v. Bryn Mawr Trust Co.

    Publication Date: 2023-02-06
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 72 MAP 2021

    Court expressly adopted aiding and abetting fraud as a cause of action, which required proving that a defendant had actual knowledge of an underlying fraud and actively provided assistance or encouragement. Order of the superior court affirmed in part and reversed in part.

  • In re Amended & Restated Deed of Trust of Holdship

    Publication Date: 2023-02-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 166 WDA 2022

    Orphans' court properly sustained bank's demurrer to beneficiaries' claims for compelled distributions and seeking to remove bank as co-trustee of trust because beneficiaries' petition did not set forth factual allegations upon which the recovery they sought could be granted and they did not allege that bank breached any of its duties under the trust and the Pennsylvania Uniform Trust Act. Affirmed.

  • Estate of BG Petroleum, LLC v. Cmty. State Bank of Orbisonia

    Publication Date: 2023-01-30
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Energy
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3-22-cv-39

    Bankruptcy court properly dismissed appellants' fourth amended adversary complaint and denied leave to file a fifth amended adversary complaint alleging fraudulent transfer for failure to state a claim and for failing to address appellee's futility argument, Affirmed.

  • In Re: Busby

    Publication Date: 2023-01-23
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3257

    Creditor did not violate automatic stay and bankruptcy discharge by collecting from non-debtor's tenant-in-common interest to proceeds of property sale, where debtor failed to satisfy contractual obligations to obtain the property in fee simple. Order of the bankruptcy court affirmed.

  • Widmer v. Weltman Weinberg & Reis Co., LPA,

    Publication Date: 2023-01-16
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-01323-KSM

    Defendant moved for judgment on the pleadings in plaintiff's Fair Debt Collection Practices Act action over garnishment of a joint bank account and court found defendant was not required by Pennsylvania law or the FDCPA to conduct pre-garnishment discovery and plaintiff had the burden to assert the claimed exemption or immunity. Motion granted.

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  • Lifestyle Real Estate Lender, LLC v. Lifestyle Real Estate I, LP

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2016-03634

    The court dismissed borrower appellant's appeal in a mortgage foreclosure action on the basis that the parties had an express contract stating that New Jersey Law, rather than Pennsylvania law, would apply to determine the parties' remaining contractual obligations under a commercial loan transaction.

  • Campbell v. Royal Bank Supplemental Executive Ret. Plan

    Publication Date: 2023-01-16
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking | Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-798

    The district court, which found in favor of plaintiff on his underlying ERISA claims against defendant, refused to stay plaintiff's motion for attorney fees while defendant's appeal was pending as the court was not divested of jurisdiction to determine such an application for attorney fees. The court granted plaintiff attorney fees.

  • In re: NNN 400 Capitol Center 16 LLC

    Publication Date: 2023-01-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3013

    The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.

  • Wykel v. Knapp

    Publication Date: 2023-01-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2185 EDA 2021

    Trial court properly applied the entireties presumption and declared the refinanced mortgage remained a lien against the entire property even though wife had not signed that mortgage and court agreed because wife benefitted from the refinanced mortgage and trial court did not err in its reconciling of the statute of frauds with the entireties presumption. Affirmed.

  • Sciore v. Centric Bank

    Publication Date: 2023-01-09
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Consulting
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sitarski
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-cv-6035

    Bank moved for summary judgment in plaintiff's unjust enrichment and quantum meruit action based on alleged advice, recruiting and assistance he gave bank's residential mortgage division and court found plaintiff failed to satisfy the "benefit" element essential to his claims. Motion granted.

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