United States Eighth Circuit

The abuse of discretion standard applies to review of a district court's application of the judicial estoppel doctrine. In a suit against an employer for wrongful termination in violation of the Family and Medical Leave Act (FMLA), summary judgment for the employer is reversed where the district court abused its discretion in applying judicial estoppel, and erred in granting summary judgment on plaintiff's retaliation claim.

Appellate Information

• Decided 05/12/2006
• Published 05/12/2006

Judges

• SMITH, Circuit Judge., Before SMITH, HEANEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kurt P. Cummiskey, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• John J. Gazzoli, Jr., argued, St. Louis, MO, for appellee.