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· 5/5/2014

Westbrook Navigator L.L.C. v. Navistar, Inc

Citations

  • 751 F.3d 354
  • 71 Collier Bankr. Cas. 2d 840
  • 2014 WL 1778030
  • 2014 U.S. App. LEXIS 8432
  • 59 Bankr. Ct. Dec. (CRR) 128

How courts have described this case

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

  • holding that disclosure obligation was triggered for debtor whose estate was the relator in a qui tam action
  • holding that it was not an abuse of discretion to deny leave to amend where the plaintiff “had the opportunity to cure and failed”
  • holding that drafting and disclosing a complaint was sufficient to show knowledge
  • stating that “the statute attaches liability, not to the underlying fraudulent activity or to the government’s wrongful payment, but to the claim for payment” (quoting Longhi, 575 F.3d at 467)
  • noting that “a trustee does not abandon a claim that the debtor has failed to disclose”
  • affirming the district court’s dismissal where the plaintiff had an opportunity to cure the specified defects in his complaint and failed to do so

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Prado, Elrod

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.