In Robinson v. Tyson Foods, Inc., the Eleventh Circuit Court of Appeals upheld the lower court's dismissal of a plaintiff's employment discrimination suit in applying the doctrine of judicial estoppel. The Court concluded that the Plaintiff's failure to notify the bankruptcy court of her employment discrimination suit brought after initiating bankruptcy proceedings fell warranted dismissal of her employment discrimination action under the doctrine of judicial estoppel because she was taking inconsistent positions in two separate court proceedings. A copy of the decision can be read here.
This case is one of several recent cases where a court has dismissed an employment discrimination suit as a result of matters relating to a plaintiff's pending bankruptcy proceeding. It is important, then, for employers to thoroughly investigate a plaintiff's background and history of claims during discovery when defending a claim of employment discrimination. Oftentimes information uncovered can be useful and, in some cases, can perhaps provide grounds for seeking dismissal.
If you would like guidance or counsel in handling and defending discrimination claims, please contact Eric Gunderson and/or visit the Farrell & Gunderson website.
This case is one of several recent cases where a court has dismissed an employment discrimination suit as a result of matters relating to a plaintiff's pending bankruptcy proceeding. It is important, then, for employers to thoroughly investigate a plaintiff's background and history of claims during discovery when defending a claim of employment discrimination. Oftentimes information uncovered can be useful and, in some cases, can perhaps provide grounds for seeking dismissal.
If you would like guidance or counsel in handling and defending discrimination claims, please contact Eric Gunderson and/or visit the Farrell & Gunderson website.
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