PERLMAN v. PNC BANK, N.A.

No. 21-10432.

38 F.4th 899 (2022)

Jonathan E. PERLMAN, as Court Appointed Receiver, Plaintiff-appellant, v. PNC BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: June 27, 2022.


Attorney(s) appearing for the Case

Michael A. Friedman , William Barry Blum , Gregory M. Garno , Elizabeth Grace McIntosh , Genovese Joblove & Battista, PA, Miami, FL, for Plaintiff-appellant.

James Christopher Martin , Colin E. Wrabley , Reed Smith, LLP, Pittsburgh, PA, Howard Seth Goldfarb , Peter Winslow Homer , Homer Bonner Jacobs Ortiz, PA, Miami, FL, Terence M. Grugan , Peter D. Hardy , Diana M. Joskowicz , Matthew G. Kussmaul , Priya Roy , Melanie J. Vartabedian , Ballard Spahr, LLP, Philadelphia, PA, Mark S. Kokanovich , Davis Polk & Wardwell, LLP, Menlo Park, CA, for Defendant-Appellee.

Ryann Flack , Attorney General's Office, Miami, FL, for Amicus Curiae Attorney General, State of Florida, Department of Legal Affairs.

Before Wilson, Rosenbaum, Circuit Judges, and Conway, District Judge.


Jonathan Perlman, a court-appointed receiver, appeals the district court's dismissal of his aiding and abetting claims on behalf of the companies in receivership (the Receivership Entities) against PNC Bank. The district court granted PNC's Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction because it...

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