Keathley v. Buddy Ayers Construction, Inc. · ¶38
Cases such as this one show the doctrine’s breadth: The Fifth Circuit applied judicial estoppel to foreclose a lawsuit against a defendant because the plaintiff failed to mention the cause of action on a form in prior bankruptcy proceedings involving an entirely unrelated set of parties. As a result, the defendant was relieved of all liability for injuring the plaintiff, regardless of whether his conduct was tortious and regardless of whether he was in any manner affected by the plaintiff ’s other proceedings. Other jurisdictions apply judicial estoppel in similar circumstances. See, e.g., Slater v. United States Steel Corp., 871 F. 3d 1174, 1176 (CA11 2017) (en banc); Spaine v. Community Contacts, Inc., 756 F. 3d 542, 547 (CA7 2014); Ah Quin v. County of Kauai Dept. of Transp., 733 F. 3d 267, 271 (CA9 2013); Payless Wholesale Distributors, Inc. v. Alberto Culver (P. R.) Inc., 989 F. 2d…Read in context ›
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