Morton v. GTE Southwest Inc. (Wieburg)

How courts have described this case

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

• holding that the trustee is the real party in interest and has exclusive standing to assert pre-petition claims
• holding that trial court abused discretion by dismissing action and failing to explain why a stay allowing for trustee intervention was not the more appropriate alternative
• indicating that, on remand, the district court should consider the effect of dismissal on the plaintiff’s creditors, in deciding whether to allow the bankruptcy trustee to substi- tute or join
• holding “[u]nder these circumstances, and in the light of Rule 17(a
• vacating dismissal' of a claim due to lack of standing where substitution of the trustee was not considered
• addressing a motion to substitute as the proper party in interest under Rule 17(a) of the Federal Rules of Civil Procedure

Source: CourtListener parenthetical corpus (CC0).