Judicial Estoppel: Key Defense In Discrimination Suits
September 5, 2008, 12:00 AM EDT
Law360 (September 5, 2008, 12:00 AM EDT) -- An important defense has become increasingly useful in protecting employers against employee lawsuits. The defense of judicial estoppel, as recognized most powerfully in the employment litigation setting in Cannon-Stokes v. Potter, 453 F.3d 446 (7th Cir. 2006), bars a plaintiff’s employment discrimination action where the plaintiff previously failed to disclose the legal claim as an asset in a bankruptcy proceeding.
When used, judicial estoppel prevents a plaintiff from later proceeding on the claim after failing to acknowledge its existence while having his debts discharged in the...