· 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 CourtListenerSourced 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.