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MARION v. BRYN MAWR TRUST CO.

No. 72 MAP 2021.

288 A.3d 76 (2023)

David H. MARION, Receiver for Bentley Financial Services, Inc. and Entrust Group, Appellees v. BRYN MAWR TRUST COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided: January 19, 2023.

Attorney(s) appearing for the Case

Thomas Ben Fiddler, Esq. , Edward Michael Koch, Esq. , Justin Edward Proper, Esq. , White and Williams LLP, Marc Lloyd Penchansky, Esq. , for Appellee.

Emily Ann Cathcart, Esq. , Thomas R. Hurd, Esq. , Ryan Joseph Murphy, Esq. , McElroy, Deutsch, Mulvaney & Carpenter, LLP, Steven B. Feirson, Esq. , Michael Hugh McGinley, Esq. , Justin M. Romeo, Esq. , Dechert LLP, for Appellant.

Michael Lee Kichline, Esq. , Morgan Lewis & Bockius, LLP, for Amicus Curiae PA Coalition for Civil Justice Reform and PA Institute of Certified Public Accountants.

Raymond Paul Pepe, Esq. , for Amicus Curiae Pennsylvania Bankers Association.

BAER, C.J., TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

We granted limited discretionary review to consider whether to recognize a cause of action for aiding and abetting fraud and, if so, to determine the scienter requirement for this tort. For the reasons detailed below, we hold aiding and abetting fraud is a cognizable claim under Pennsylvania...

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