Judicial Estoppel: Key Defense In Discrimination Suits
September 5, 2008, 12:00 AM EDT
Law360, New York (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...
Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U.K. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.