United States Third Circuit

In an action brought by a receiver for a corporation through which a Ponzi scheme was run against various third-parties, denial of defendants' post-trial motion for judgment of law is vacated and remanded where, although the receiver sufficiently alleged an injury distinct to the corporation to get past the standing threshold, on the facts presented to the jury, neither key individual defendants can be liable to the plaintiff acting as the corporation's receiver.

Appellate Information

• Argued 12/01/2008
• Decided 01/04/2010
• Published 01/04/2010

Judges

• Before: AMBRO, WEIS, and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Eugene E. Stearns, Esquire (Argued), Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Miami, FL, Alan K. Cotler, Esquire, Reed Smith, Philadelphia, PA, for Appellants/Cross-Appellees, Peninsula Bank, Joseph Marzouca., Laurence A. Mester, Esquire (Argued), Grossman Law Firm, Philadelphia, PA, for Appellant/Cross-Appellees, Southeastern Securities Inc., SFG Financial Services, Inc. Theordore Benghiat., David D. Langfitt, Esquire, John H. Lewis, Jr., Esquire (Argued), Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellees/Cross Appellants, David H. Marion, Esquire.