.jpg)
New 9th Cir Judicial Estoppel Decision
Ah Quin v. County of HI - 2013 DAR 9634 (9th Cir. 7/25/13). Debtor/plaintiff not estopped from pursuing discrimination law suit not listed in her schedules. 9th Cir., 2-1 decision, reverses summary judgment for Defendant determining that lower court did not apply correct standard as mistake or inadvertence exception to application of judicial estoppel. Perhaps the most relevant fact, not really discussed in the opinion, is that the debtor/plaintiff reopened her case and the Ch 7 trustee abandoned the claim.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
Ah Quin v. County of HI - 2013 DAR 9634 (9th Cir. 7/25/13). Debtor/plaintiff not estopped from pursuing discrimination law suit not listed in her schedules. 9th Cir., 2-1 decision, reverses summary judgment for Defendant determining that lower court did not apply correct standard as mistake or inadvertence exception to application of judicial estoppel. Perhaps the most relevant fact, not really discussed in the opinion, is that the debtor/plaintiff reopened her case and the Ch 7 trustee abandoned the claim.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
.AOLWebSuite .AOLPicturesFullSizeLink { height: 1px; width: 1px; overflow: hidden; } .AOLWebSuite a {color:blue; text-decoration: underline; cursor: pointer} .AOLWebSuite a.hsSig {cursor: default}
The post was migrated from Yahoo.