Traher v. Republic First Bancorp, Inc., 19-1202. (2020)
Court: District Court, E.D. Pennsylvania
Number: infdco20200121b05
Visitors: 10
Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: ORDER GERALD AUSTIN McHUGH , District Judge . This 13th day of January, 2020, for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss (ECF 3) is GRANTED IN PART and DENIED IN PART, as follows: Defendant's Motion to Dismiss is GRANTED with respect to Count I of Plaintiff's Complaint because Pennsylvania law does not recognize a direct cause of action in contract enforceable by an individual shareholder for breach of a corporatio
Summary: ORDER GERALD AUSTIN McHUGH , District Judge . This 13th day of January, 2020, for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss (ECF 3) is GRANTED IN PART and DENIED IN PART, as follows: Defendant's Motion to Dismiss is GRANTED with respect to Count I of Plaintiff's Complaint because Pennsylvania law does not recognize a direct cause of action in contract enforceable by an individual shareholder for breach of a corporation..
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ORDER
GERALD AUSTIN McHUGH, District Judge.
This 13th day of January, 2020, for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss (ECF 3) is GRANTED IN PART and DENIED IN PART, as follows:
Defendant's Motion to Dismiss is GRANTED with respect to Count I of Plaintiff's Complaint because Pennsylvania law does not recognize a direct cause of action in contract enforceable by an individual shareholder for breach of a corporation's articles of incorporation and, in any case, Plaintiff has failed to establish a literal breach of the corporation's articles.
Defendant's Motion to Dismiss is DENIED with respect to Count II of Plaintiff's Complaint because I cannot conclude, on the record before me, that Plaintiff has not been "aggrieved" by the corporation's alleged miscounting of votes as that term is understood under Pennsylvania law.
Source: Leagle
