Legal Opinion
Warden v. McLelland
Court of Appeals for the Third Circuit
Decided April 30, 2002No. 00-1364PublishedCited by 45 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This is a dispute between two brothers over ownership and control of a pharma^ ceutical company. The complaint alleges, inter alia, breach of trust, breach of fiduciary duty to the corporation, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The District Court granted defendants’ motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). We will reverse and remand.
I
Plaintiffs/appellants1 are trustees of a trust established for the benefit of David Berwind, who himself is one of the trustees. The…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Jose Rolo v. City Investing Company Liquidating TrustCourt of Appeals for the First Circuit · 1998
- Charpentier v. GodsilCourt of Appeals for the Third Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Walter Shuker v. Smith & Nephew PLCCourt of Appeals for the Third Circuit · 2018
- American Casein Co. v. Geiger (In Re Geiger)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- Grosset v. WenaasCalifornia Supreme Court · 2008
- Kaul v. ChristieDistrict Court, D. New Jersey · 2019
- Baker v. FAMILY CREDIT COUNSELING COPR.District Court, E.D. Pennsylvania · 2006
40 more not listed; retrieve them via the Exa API.