Jethroe v. Omnova Solutions, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reiterating that “[t]he obligation to disclose pending and unliquidated claims in bankruptcy proceedings is an ongoing one”
• holding that to prove inadvertent disclosure a plaintiff/debtor “must not show that she was unaware that she had a duty to disclose her claims but that, at the time she filed her bankruptcy petition, she was unaware of the facts giving rise to them”
• explaining that the non-disclosing party must show that she was unaware of the facts giving rise to her claims, not of her duty to disclose her claims
• stating that our precedent “requires that there be ‘no’ motive for concealment”
• finding that elements of judicial estoppel were satisfied when debtor filed her EEOC charge eight months before she filed her bankruptcy petition but concealed the potential claim from the bankruptcy court
• rejecting plaintiffs claims that her failure to inform the bankruptcy court of her claims was “inadvertent because she relied on her bankruptcy attorney’s advice that those claims were irrelevant.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

83 cases in this archive cite this case; the 20 most cited are listed.

• Ross v. Marshall
  Fifth Circuit· 2005-09-21· cited 277×
• Kane v. National Union Fire Insurance
  Fifth Circuit· 2008-07-14· cited 184×
• Eastman v. Union Pacific Railroad
  Tenth Circuit· 2007-07-06· cited 181×
• Reed v. City of Arlington
  Fifth Circuit· 2011-08-11· cited 152×
• Traci Cannon-Stokes v. John E. Potter, Postmaster General of the United States Postal Service
  Seventh Circuit· 2006-07-05· cited 150×
• Ah Quin v. County of Kauai Department of Transportation
  Ninth Circuit· 2013-07-24· cited 146×
• Willie Love v. Tyson Foods, Inc.
  Fifth Circuit· 2012-04-04· cited 140×
• Westbrook Navigator L.L.C. v. Navistar, Inc
  Fifth Circuit· 2014-05-05· cited 135×
• Moses v. Howard University Hospital
  D.C. Circuit· 2010-06-01· cited 96×
• Gottlieb v. Kest
  California Court of Appeal· 2006-07-10· cited 82×
• United States Ex Rel. Long v. GSDMIdea City, L.L.C.
  Fifth Circuit· 2015-08-13· cited 75×
• Flugence v. Axis Surplus Insurance (In Re Flugence)
  Fifth Circuit· 2013-11-22· cited 70×
• Helen Allen v. C & H Distributors, L.L.C.
  Fifth Circuit· 2015-12-23· cited 70×
• Lake Eugenie Land Development, Inc. v. BP Exploration & Production, Inc.
  Fifth Circuit· 2015-05-08· cited 65×
• Robson v. Texas Eastern Corp.
  Indiana Court of Appeals· 2005-08-15· cited 45×
• William Sullivan v. City of Round Rock, Tex
  Fifth Circuit· 2016-09-14· cited 43×
• Miller v. Conagra, Inc.
  Supreme Court of Louisiana· 2008-09-08· cited 40×
• Kathleen A. McCallister v. Gordon Dixon, MD
  Idaho Supreme Court· 2013-02-01· cited 29×
• Bradford v. Wiggins
  Tenth Circuit· 2008-02-20· cited 28×
• Matthews v. Potter
  Seventh Circuit· 2009-03-23· cited 28×

Cites

7 cases in this archive are cited by this case.

• Koon v. United States
  Supreme Court· 1996-06-13· cited 3,761×
• Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.
  Fifth Circuit· 2002-12-09· cited 1,161×
• Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)
  Fifth Circuit· 1999-06-18· cited 595×
• Unnamed case
  Third Circuit· 1996-04-15· cited 413×
• Walter Burnes v. Pemco Aeroplex
  Eleventh Circuit· 2002-05-20· cited 314×
• Hall v. GE Plastic Pacific PTE Ltd.
  Fifth Circuit· 2003-04-04· cited 143×
• Ahrens v. Perot Systems Corp.
  Fifth Circuit· 2000-03-03· cited 57×