United States Sixth Circuit
White v. Wyndham Vacation Ownership, Inc., 09-5626
In plaintiff's sexual harassment suit against her former employers seeking $250,000 in compensatory damages and $1 million in punitive damages, district court's grant of summary judgment in favor of the defendants based on a claim of judicial estoppel is affirmed where: 1) plaintiff asserted a position before the bankruptcy court that was contrary to the position that she asserted before the district court as she did not disclose her sexual harassment claim against defendants in her initial bankruptcy filings; 2) plaintiff had a motive to conceal and knowledge of the factual basis of her harassment claim; and 3) the evidence plaintiff presented of her attempts to advise the bankruptcy court and the trustee of her harassment claim does not excuse her initial omission.
Appellate Information
- Decided 08/11/2010
- Published 08/11/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Michael S. Shipwash, R. Eddie Wayland