Pnc Bank, National Association v. Robert B. Millman and Mark Fleischman

WEXLER, District Judge:

On this appeal, we must determine whether under Vermont law a four-year statute of limitations or a six-year statute of limitations applies to this diversity action to set aside an alleged fraudulent conveyance of property and impose a constructive trust. The district court concluded that a four-year statute of limitations applies and, because the action was brought more than four years (although less than six years) after the claim accrued, it held the action time-barred. Because we conclude that a six-year statute of limitations applies, we vacate the judgment and…