United States Third Circuit

District Court abused its discretion in denying plaintiff's proof of claim mailed three days after the deadline in a securities fraud class action, where claimant's misunderstanding of letter informing him that his claim "was received late" was understandable.

Appellate Information

• Argued 10/25/2000
• Decided 12/13/2000
• Published 12/14/2000

Judges

• Before BECKER, Chief Judge, and MANSMANN and FUENTES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kathryn A. McDonald, (Argued), Jayne S. Robinson, Robinson, Murphy & McDonald, New York, NY, Paul J. Dillon, Esquire Bloom, Rubinstein, Karinja & Dillon, Livingston, NJ, Counsel for Appellant.


• For Appellees:
  
• Michael M. Rosenbaum, (Argued), Carl Greenberg, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, Short Hills, NY, Samuel Kadet, Skadden, Arps, Slate, Meagher & Flom, New York, NY, Counsel for Appellee Cendant Corporation., Roger W. Kirby, Kirby, McInerney & Squire, New York, NY, Counsel for Appellee Welsh & Forbes, Inc.