Karen Auday v. Wet Seal Retail, Inc.

How courts have described this case

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

• holding that an age-discrimination claim became the property of a Chapter 7 debtor’s estate and that the trustee of the estate was the proper party to bring suit
• holding that the district court had erred in dismissing a case without first considering the matter of the plaintiff’s ability to pursue a claim that was the property of the Chapter 7 bankruptcy estate
• explaining that all legal claims that accrued before the debtor filed the bankruptcy petition are owned by the debtor’s estate
• finding the plaintiff’s age discrimination claim became property of the bankruptcy estate when the plaintiff was fired
• finding the plaintiff’s age-discrimination claim as property of the bankruptcy estate when she petitioned for bankruptcy four days after her termination
• “It is by no means clear that the doctrine of judicial estoppel applies when a trustee brings a claim.”

Source: CourtListener parenthetical corpus (CC0).