· 7/5/2006
Traci Cannon-Stokes v. John E. Potter, Postmaster General of the United States Postal Service
Citations
- 453 F.3d 446
- 18 Am. Disabilities Cas. (BNA) 201
- 2006 U.S. App. LEXIS 16757
- 2006 WL 1816010
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “bad legal advice” did not relieve plaintiff of operation of the doctrine of judicial estoppel for failure to disclose claim in bankruptcy
- holding that the “requirements of judicial estoppel” are satisfied when a party makes a representation that prevails, resulting in a valuable benefit, and “wants to assert the opposite in order to win a second time”
- opining that \unless the estate itself engages in contradictory litigation tactics the elements of judicial estoppel are not satisfied\
- explaining that the trustee abandoned its interest in undisclosed pre-bankruptcy claims by discharging debts of the debtor
- holding judicial estoppel precluded employment discrimination claims which debtor had not listed as assets in schedule supporting bankruptcy petition
- Noting that if the estate, through the trustee, abandons a cause of action, then the creditors no longer have an interest, and the claim reverts back into the debtor’s hands
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Easterbrook, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.