Cause of Action • Real Party in Interest • Substitution • Relation-Back Doctrine
Morrison Informatics Inc. v. Members 1st Fed. Credit Union, PICS Case No. 16-0714 (Pa. May 25, 2016) Saylor, C.J., Wecht, J, (concurring) (23 pages).
Superior Court properly allowed bankruptcy trustee to be substituted for company in action brought by company against credit union for alleged involvement in embezzlement after company had filed for bankruptcy, because Pennsylvania Supreme Court held that a relation back in favor of a federal bankruptcy trustee was appropriate where the trustee acted in a diligent fashion to secure substitution and there was no demonstrable prejudice to credit union. Affirmed.