Legal Opinion
Bear Mountain Orchards, Inc. v. Mich-Kim, Inc.
Court of Appeals for the Third Circuit
Decided October 13, 2010No. 09-2041PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
We consider the scope of individual liability under the trust provision of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499e(c)(2). Appellants, producers of perishable agricultural commodities, argue that, as an officer of Ellis Fleisher Produce Co. (“Fleisher Produce”), Jacqueline Fleisher is individually liable to them under PACA for money owed by the corporation. 1 The District Court disagreed, holding that Mrs. Fleisher was not secondarily liable to trust creditors under PACA because she was not actively involved in running the…
2Cases cited14 opinions
- Tracinda Corp. v. Daimlerchrysler AgCourt of Appeals for the Third Circuit · 2007
- SUNKIST GROWERS, INC., a California Corporation, Plaintiff-Appellant, v. Michael S. FISHER and Meryle Fisher, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1997
- Coosemans Specialties, Inc. v. GargiuloCourt of Appeals for the Second Circuit · 2007
- Morris Okun, Inc. v. Harry Zimmerman, Inc.District Court, S.D. New York · 1993
- Golman-Hayden Co. v. Fresh Source Produce Inc.Court of Appeals for the Fifth Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- S. Katzman Produce Inc. v. YadidCourt of Appeals for the Second Circuit · 2021
- David Covell v. Bell Sports IncCourt of Appeals for the Third Circuit · 2011
- Six L's Packing Co. v. BealeCourt of Appeals for the Sixth Circuit · 2013
- Alliance Shippers, Inc. v. Guarracino (In re Guarracino)United States Bankruptcy Court, D. New Jersey · 2017
- Skyline Potato Co. v. Hi-Land Potato Co.District Court, D. New Mexico · 2016
18 more not listed; retrieve them via the Exa API.