United States Third Circuit

In case arising from the bankruptcy of Color Tile Inc. involving allegations of fraudulently transferred dividends, summary judgment for defendant on statute of limitations grounds is vacated where the district court could not properly determine as a matter of law that the defendant did not receive imputed notice under Federal Rule of Civil Procedure 15(c).

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• Before FUENTES and SMITH, Circuit Judges, and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• I. Connor Bifferato, Esq., Joseph K. Koury, Esq., Bifferato, Gentilotti, & Biden, Wilmington, DE, David F. Heroy, Esq., Brian E. Martin, Esq., Kevin Y. Pak, Esq., Bell, Boyd & Lloyd, LLC, Chicago, IL, Counsel for Appellant.


• For Appellees:
  
• Paul A. Bradley, Esq., A. Richard Winchester, Esq., James J. Freebery, Esq., McCarter & English, LLP, Wilmington, DE, Counsel for Appellees.