Longaker v. Boston Scientific Corp., et al, No. 12-2482 (8th Cir. 2013)
Annotate this CasePlaintiff appealed the district court's dismissal of his breach of contract and retaliation claim against Boston Scientific. Plaintiff filed for Chapter 7 bankruptcy and then Boston Scientific terminated his employment shortly after his filing. The court concluded that, because the guaranteed payments at issue, if due at all, were property of the bankruptcy estate, plaintiff lacked standing to assert his breach of contract claim. Plaintiff's argument that had Boston Scientific not terminated him, the payments he received under the Employment Agreement would have been future earnings also failed. Because plaintiff never requested leave to amend his complaint to include a retaliation claim, the district court could not be faulted for failing to allow him to do so. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Contracts. The district court did not err in determining plaintiff lacked standing to pursue his breach of contract claim against his former employer as the claim belonged to plaintiff's bankruptcy estate; plaintiff never asked the court for leave to amend his complaint to include a retaliation claim under Minnesota's Human Rights Act, and the court could not err by failing to grant leave under these circumstances. Judge Bye, concurring in part and dissenting in part.
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