United States Third Circuit

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Bear Mountain Orchards, Inc. v. Mich-Kim, Inc., 09-2041

In plaintiffs' suit against an officer of a now defunct wholesale produce dealer, claiming that the officer is individually liable to them under the Perishable Agricultural Commodities Act (PACA) for money owed by the corporation, district court's holding that the individual was not secondarily liable, regardless of her title, to trust creditors is affirmed as the officer is not individually liable for breaching the corporation's fiduciary duties to the PACA trust because she did not have the actual ability to control its trust assets.

Appellate Information

  • Argued 03/11/2010
  • Decided 10/13/2010
  • Published 10/13/2010

Judges

  • <a href="http://pview.findlaw.com/view/1154738_1">AMBRO</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1425230_1">Louis W. Diess</a>, <a href="http://pview.findlaw.com/view/1327647_1">Eugene J. Malady</a>