judicial estoppel

Fifth Circuit Tackles Judicial Estoppel Yet Again Resulting in a Split Decision

04/05/12
Failure to schedule causes of action appears to be an endemic problem as shown by the fact that the Fifth Circuit has been asked to apply judicial estoppel to a bankruptcy case once again. However, the latest decision, Love v. Tyson Foods, Inc., No. 10-60106 (5th Cir.
[more]

Texas State Court Gets Judicial Estoppel Right

03/01/12
The Dallas Court of Appeals has published a new decision correctly applying the doctrines of judicial estoppel and standing relating to a cause of action omitted from a bankruptcy filing. Norris v. Brookshire Grocery Company, ___. S.W.3d ___ (Tex. App.--Dallas, 2/29/12, no pet.). You can find the opinion here.
[more]

En Banc Fifth Circuit Changes Course on Judicial Estoppel

08/12/11
In an important ruling, the Fifth Circuit Court of Appeals sitting en banc ruled that a debtor's nondisclosure would not bar a trustee from pursuing a large judgment for the benefit of creditors. Reed v. City of Arlington, No. 08-11098 (5th Cir. 8/11/11). The opinion overruled an earlier panel decision. You can read the new opinion here.
[more]

Preserving Causes of Action In Plans

07/27/11

Normal 0 false false false EN-US X-NONE X-NONE

[more]