Legal Opinion

Ashmore v. CGI Group, Inc.

Court of Appeals for the Second Circuit

Decided June 21, 2017No. Docket 16-1758-cvPublishedCited by 19 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

Benjamin Ashmore appeals from the order of the district court (Analisa Torres, J.) dismissing him as the plaintiff in this Sarbanes-Oxley whistleblower action and allowing Barbara A. Edwards, the Trustee of his bankruptcy estate (“Trustee”), to be substituted as the plaintiff. Ashmore argues that he has standing to prosecute the whistleblower action because, contrary to the district court’s ruling, the Trustee abandoned the lawsuit to Ashmore. See 11 U.S.C. § 554(c). Because the district court’s dismissal of the case as to Ashmore and the substitution of the…

2Cases cited25 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
  4. Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
  5. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989

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3Cited by19 opinions

  1. United States Ex Rel. Chorches v. American Medical Response, Inc.Court of Appeals for the Second Circuit · 2017
  2. Ashmore v. Cgi Grp., Inc.Court of Appeals for the Second Circuit · 2019
  3. Amara v. Cigna CorporationCourt of Appeals for the Second Circuit · 2022
  4. Fero v. Excellus Health Plan, Inc.District Court, W.D. New York · 2018
  5. In Re ALBA Petróleos De El Salvador S.E.M. De C.V.Court of Appeals for the Second Circuit · 2023

14 more not listed; retrieve them via the Exa API.

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