Legal Opinion

Benevento v. Life USA Holding, Inc.

District Court, E.D. Pennsylvania

Decided September 29, 1999No. 2:97-cv-07827PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOYNER, District Judge.

This case is now before the Court upon motion of the defendant, LifeUSA Holding, Inc. for the entry of summary judgment in its favor as to all counts of the plaintiffs’ complaint. For the reasons which follow, the motion is denied.

History of the Case

This case, which was instituted in December 1997, arose out of the plaintiffs’ purchase of “Accumulator” 1 annuity products from defendant LifeUSA Holding, Inc. and its subsidiaries and divisions. 2 Essentially, it is the plaintiffs’ contention that the manner in which the defendant marketed, promoted and…

2Cases cited106 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Sherry J. Oshiver v. Levin, Fishbein, Sedran & BermanCourt of Appeals for the Third Circuit · 1994
  5. Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964

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3Cited by21 opinions

  1. In Re: Lifeusa Holding Inc., Lifeusa Holding, Inc.Court of Appeals for the Third Circuit · 2001
  2. Simmons v. Nationwide Mutual Fire InsuranceDistrict Court, W.D. Pennsylvania · 2011
  3. Gallatin Fuels, Inc. v. Westchester Fire InsuranceCourt of Appeals for the Third Circuit · 2007
  4. Downey v. First Indemnity InsuranceDistrict Court, E.D. Pennsylvania · 2016
  5. Kilmer v. Connecticut Indemnity Co.District Court, M.D. Pennsylvania · 2002

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