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LaROSA v. LaROSA

Nos. 11-1234, 11-1306

JOSEPH LaROSA; DOMINICK LaROSA, Plaintiffs-Appellants, v. VIRGIL D. LaROSA; SANDRA LaROSA, Defendants-Appellees, and ANDREA PECORA, a/k/a Andrea Fucillo; JENNIFER LaROSA WARD; CHRIS WARD; CHEYENNE SALES COMPANY, INCORPORATED, Defendants, JOAN LaROSA, individually and as the Executrix of the Estate of Virgil B. LaRosa, Party-in-Interest. JOSEPH LaROSA; DOMINICK LaROSA, Plaintiffs-Appellees, v. VIRGIL D. LaROSA; SANDRA LaROSA, Defendants-Appellants, and CHEYENNE SALES COMPANY, INCORPORATED; ANDREA PECORA, a/k/a Andrea Fucillo; JENNIFER LaROSA WARD; CHRIS WARD, Defendants, JOAN LaROSA, individually and as the Executrix of the Estate of Virgil B. LaRosa, Party-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2012.

Attorney(s) appearing for the Case

ARGUED: David Bruce Salzman , CAMPBELL & LEVINE, LLC, Pittsburgh, Pennsylvania, for Joseph LaRosa and Dominick LaRosa.

James Strother Crockett, Jr. , SPILMAN, THOMAS & BATTLE, PLLC, Charleston, West Virginia, for Virgil D. LaRosa and Sandra LaRosa.

ON BRIEF: Mark S. Frank , Frederick D. Rapone, Jr. , Erik Sobkiewicz , CAMPBELL & LEVINE, LLC, Pittsburgh, Pennsylvania, for Joseph LaRosa and Dominick LaRosa.

Matthew P. Heiskell , SPILMAN, THOMAS & BATTLE, PLLC, Morgantown, West Virginia, for Virgil D. LaRosa and Sandra LaRosa.

Reversed, vacated, and remanded by unpublished opinion.

Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge.

On appeal and cross-appeal from the district court's judgment, we address two issues. First, whether the plaintiffs' West Virginia Uniform Fraudulent Transfer Act ("WVUFTA") claim based on a corporation's drawdown on its line of credit and purchase of annuities was time-barred. Second, whether the district court's denial of the plaintiffs' Rule 59(e) motion...

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