Laisure-Radke v. Barr Laboratories, Inc.

313 F. App'x 32

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 20, 2009
• Docket: Nos. 07-35443, 07-35495
• Status: Published

Opinion

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 Laisure-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.