DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181591P.pdf 07/16/2019 Enterprise Financial Group Inc v. Richard Podhorn
U.S. Court of Appeals Case No: 18-1591
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Erickson,
Circuit Judges]
Civil case - Missouri Uniform Fraudulent Transfer Act. Plaintiff alleged
defendants had received transfers from NAVISS, a company it was suing in
Texas state court for damages and a declaration that it had a security
interest in NAVISS's assets; defendants moved to dismiss this federal
action for lack of standing, arguing there was not a case or controversy
in light of the absence of a judgment in the still-pending Texas action
which would establish NAVISS had breached its agreements with plaintiff or
owed it anything; held, the absence of a judgment in the state court
litigation does not mean that plaintiff lacks Article III standing to
bring this suit; plaintiff has sufficiently alleged a present injury in
fact, fairly traceable to defendants, as the transferees of the funds;
dismissal for lack of standing reversed and the case remanded for further
proceedings.