Norman sued Elkin on a variety of tort and contract claims. After two trials and two appellate remands, the District Court found in favor of Norman on two claims and in favor of Elkin on the others. Both sides appealed. The Third Circuit Court reversed on one aspect of Norman’s contract claim. In all other respects, the Court affirmed the District Court’s final order.
The Court found that Norman did not have inquiry notice of his claim concerning distributions to Elkin in May through August of 2001. Accordingly, the Court reversed the District Court’s dismissal of Norman’s distribution-based breach of contract claim based on the May, July, and August 2001 distributions and remanded the case.