Matter of Chabanov v. Chabanova

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the first step of the § 1113(2) analysis is to “isolate and define the underlying violation upon which the plaintiff’s claim is founded” (internal quotation marks and brackets omitted)
• discussing Phillips and distinguishing 23 it on the basis that actual knowledge of the breach was not at issue
• “[T]he plaintiff need only be aware that the defendant has engaged in a prohibited transaction, because knowledge of the transaction is all that is necessary to know that a prohibited transaction has occurred.”
• “In light of the statutory text and our case law, we conclude that the defendant must show that the plaintiff was actually aware of the nature of the alleged breach more than three years before the plaintiff’s action is filed.”
• confirming the 6 continued viability of this observation from Fink

Source: CourtListener parenthetical corpus (CC0).