Richardson v. Prisoner Transport Services of America

Did the standby LC provide sufficient protection to the judgment creditor?

Richardson v. Prisoner Transport Services of America
No. 3:15-CV-01061, 2019 WL 1003624 (M.D. Pa. Feb. 27, 2019) [USA]

Topics: Evergreen Clause; Standby LC; Stay of Judgment; Supersedeas Bond

Parties:
• Plaintiff/Beneficiary – Darren Richardson
• Defendant/Applicant – Prisoner Transport Services of America
• Issuer – Pinnacle Bank

Summary Note:

Following a jury trial, Prisoner Transport Services of America (Applicant) caused Pinnacle Bank (Issuer) to issue a USD 595,254.50 irrevocable standby letter of credit in favor of Darren Richardson (Beneficiary) to secure the judgment awarded to Beneficiary as Applicant sought a stay of judgment and post-trial relief. To obtain payment, Beneficiary was required to present to Issuer:

(1) an ‘original or certified copy of th[e] Letter of Credit;’ and (2) a certified copy of a court order stating (a) that the judgment entered is final and can no longer be appealed, (b) that [Beneficiary] has demanded payment from [Applicant], (c) that more than ten days have elapsed without [Applicant] paying up in full, and (d) what [Beneficiary] is owed.

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