Hall Approved Free Access to American Case Law
U.S. Court of Appeals for the Ninth Circuit, 2009

Laisure-Radke v. Barr Laboratories, Inc.

Laisure-Radke v. Barr Laboratories, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided February 20, 2009 · Ezra, Fletcher, Rawlinson
313 F. App'x 32

Counsel

Karen Kathryn Koehler, Esquire, Strit-matter Kessler Whelan Withey & Coluccio, Seattle, WA, Fred H. Shepherd, Esquire, Arnold Anderson Vickery, Esquire, Paul F. Waldner, Esquire, Vickery Waldner & Mallia, LLP, Houston, TX, for Plaintiffs-Appellants., John R. Ipsaro, Esquire, Jeffrey R. Schaefer, Esquire, Mary Lynn Tate, Esquire, Joseph Thomas, Esquire, Ulmer & Berne, Cincinnati, OH, Jeffrey Royal Johnson, Carin A. Marney, Esquire, Williams Kastner & Gibbs, PLLC, Seattle, WA, for Defendants-Appellees.

Laisure-Radke v. Barr Laboratories, Inc.

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM **

Y’vonne A’Rae Laisure-Radke appeals the district court’s order granting Pharmaceutical Resources, Inc.’s, and Dr. Reddy’s Laboratories, Inc.’s (collectively “Defendants”) motion to dismiss. The district court held that judicial estoppel barred *34Laisure-Radke from asserting her claims against Defendants. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We review the district court’s application of judicial estoppel for an abuse of discretion. Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782 (9th Cir. 2001). We affirm.

Because Laisure-Radke failed to disclose the existence of her claims against Defendants in her bankruptcy petition and obtained a discharge of her debts based on this failure to disclose, the district court did not abuse its discretion when it concluded that judicial estoppel barred Lai-sure-Radke’s claims. See id. at 784-85. That Laisure-Radke later moved to reopen her bankruptcy proceedings does not excuse her eai’lier failure to disclose; judicial estoppel ensures that debtors make a “full and honest disclosure” of their assets in the original bankruptcy proceeding. See id. at 785 (internal quotation omitted).

Because we affirm the district court’s dismissal of Laisure-Radke’s claims, we do not reach the issues raised in Defendants’ cross-appeal.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.