In a new opinion, the Fifth Circuit has taken a big step
backward in sorting out the doctrine of judicial estoppel. Reed v. City of
Arlington , No. 08-11098 (5th Cir. 9/16/10). While adopting the principle
that one panel of the Fifth Circuit cannot overrule another one, the opinion
appears to be...
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...
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. 4/4/12),
which can be found...
The Fifth Circuit has added a new decision to its judicial estoppel jurisprudence, holding that a creditor that submitted claims in different amounts in successive cases was not estopped. While it may seem that the court is applying the estoppel doctrine in an uneven manner, penalizing debtors but not...