Gerard C. Menichini, T/a Best Legal Services v. Lissa L. Grant Mellon Bank (East), Mellon Bank (East) National Association

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this diversity suit, Gerard C. Menichini t/a Best Legal Services alleges Mellon Bank converted his property by accepting checks embezzled by Menichini’s employee Lissa Grant. Two issues are presented on appeal: (1) whether the Pennsylvania Supreme Court would apply the tolling principle known as the “discovery rule” where an innocent party, i.e. a party not engaged in fraudulent concealment, invokes the statute of limitations as a defense to a check fraud action; and (2) whether Menichini negligently facilitated Grant’s forgeries. The district…