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Employee barred from suing for race discrimination (access required)

Published: April 9, 2012

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An employee was judicially estopped from suing for race discrimination because he failed to disclose those claims in his bankruptcy case, the 5th Circuit has ruled in affirming a dismissal.

Employee’s FMLA claim barred by estoppel (access required)

Published: April 2, 2012

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An employee who suffered a stroke was judicially estopped from claiming that he was able to return to work for purposes of pursuing a lawsuit under the Family and Medical Leave Act, the 3rd Circuit has ruled in affirming a summary judgment.

Bankruptcy trustee can’t collect FMLA award (access required)

By: Pat Murphy
Published: September 22, 2010

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A bankruptcy trustee could not collect a $1 million employment award that the debtor failed to disclose as an asset, the 5th Circuit has ruled in reversing judgment.

Employer can’t contest FMLA eligibility (access required)

By: Pat Murphy
Published: August 27, 2010

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An employer was estopped from contesting an employee’s eligibility for family leave because she could reasonably rely on her supervisor’s approval of time off following the death of her husband, the 8th Circuit has ruled.

Debtor estopped from pursuing employment suit (access required)

By: Correy Stephenson
Published: August 16, 2010

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A Chapter 13 debtor who failed to list her sexual harassment claim against her employer in her bankruptcy schedules is judicially estopped from proceeding with the lawsuit, the 6th Circuit has ruled.

Suit to recover assets barred by bankruptcy (access required)

By: Correy Stephenson
Published: June 4, 2010

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A lawsuit to recover inherited assets is barred by judicial estoppel because of the plaintiff’s “no asset” bankruptcy filing, the North Carolina Court of Appeals has ruled.

Bankruptcy filings bar Title VII retaliation suit (access required)

By: Pat Murphy
Published: June 3, 2010

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A plaintiff couldn’t sue his former employer for retaliation because he failed to disclose his lawsuit in successive bankruptcy filings, the D.C. Circuit has ruled in affirming a summary judgment.

Debtor who failed to disclose lawsuit estopped from pursuing it (access required)

By: Correy Stephenson
Published: February 8, 2010

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A debtor was judicially estopped from pursuing her employment discrimination case because she failed to disclose it in her bankruptcy schedules, the 11th Circuit has ruled.

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