BRESLER v. WILMINGTON TRUST CO.

No. 15-2086.

855 F.3d 178 (2017)

Fleur S. BRESLER, as the Co-Personal Representative of the Estate of Charles S. Bresler; Sidney Bresler, Individually, as a Beneficiary of the Charles S. Bresler Irrevocable Insurance Trust; Sidney M. Bresler, as the Co-Personal Representative of the Estate of Charles S. Bresler, Plaintiffs-Appellees, v. WILMINGTON TRUST COMPANY, Defendant-Appellant, and Wilmington Brokerage Services Company, a/k/a Wilmington Trust Brokerage; Highland Capital Brokerage, Inc., a/k/a Highland Capital Brokerage; Edmond Ianni; Ralph Wileczek; Matthew Waschull; Richard Biborosch, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2017.


Attorney(s) appearing for the Case

ARGUED: James Lindsay Shea , VENABLE LLP, Baltimore, Maryland, for Appellant. Philip M. Musolino , MUSOLINO & DESSEL PLLC, Washington, D.C., for Appellees. ON BRIEF: Mitchell Y. Mirviss , Christopher S. Gunderson , VENABLE LLP, Baltimore, Maryland; David T. Case , Stavroula E. Lambrakopoulos , R. James Mitchell , K&L GATES LLP, Washington, D.C., for Appellant. Mark T. Stancil , Alan D. Strasser , ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge Harris joined. Judge Wynn wrote a separate opinion concurring in part and dissenting in part.


In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), as Co-Personal Representatives of the Estate of Charles S. Bresler (the Estate). A jury determined that defendants Wilmington Trust Company and Wilmington...

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