United States Sixth Circuit

Dismissal of plaintiffs' lender-liability claim, on ground that they were judicially estopped on the claim since they failed to disclose it in a prior bankruptcy proceeding, is reversed where the district court did not consider plaintiffs' reasons of mistake and inadvertence, as well as an absence of bad faith.

Appellate Information

• Decided 10/01/2004
• Published 10/01/2004

Judges

• Before:  DAUGHTREY and CLAY, Circuit Judges;  McCALLA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Julia B. Barry (argued and briefed), Louisville, KY, for Appellants.


• For Appellees:
  
• Richard B. Warne (argued), Wyatt, Tarrant & Combs, Lexington, KY, Palmer G. Vance II (briefed), Stoll, Keenon & Park, Lexington, KY, for Appellee.