Keathley v. Buddy Ayers Construction, Inc. · ¶17

The Fifth Circuit affirmed, relying on the same precedent as the District Court. 2025 WL 673434 (Mar. 3, 2025) (per curiam). Judge Haynes concurred based on her agreement that Fifth Circuit precedent dictated this outcome. But she expressed “doubt that the goals” of judicial estoppel were advanced by its application to Keathley’s claims, given her view that there was evidence his omission was, in fact, an “honest mistake.” Id., at *8. Judge Haynes further noted that “[o]ther circuits take a more holistic approach than” the Fifth Circuit does when assessing the application of judicial estoppel in the bankruptcy context. Ibid. (collecting cases).

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