Stockton v. EaglePicher Technologies, LLC, No. 20-3034 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of EaglePicher's motion to dismiss Timothy Stockton's intervenor complaint for lack of standing. Stockton sought to intervene in a lawsuit brought by Certon against EaglePicher, arguing that Certon had assigned to him the rights that it was asserting against EaglePicher. However, the court concluded that the district court correctly determined that Stockton had standing only if the assignment was in effect, and the district court correctly determined that, even considering the excerpts from the Stock Purchase Agreement (SPA), Stockton failed to show by a preponderance of the evidence that the assignment was in effect. The court explained that, even considering the excerpts from the SPA, it is at least as likely as not that the circumstances required for the assignment to be in effect were not present by the time Stockton sought to intervene.
Court Description: [Gruender, Author, with Benton and Shepherd, Circuit Judges] Civil case - Civil procedure. The district court did not err in granting defendant's motion to dismiss plaintiff Stockton's claim as he failed to show that the assignment he relied on to establish his standing to sue was in effect. [ July 07, 2021 ]
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