United States Ninth Circuit

Dismissal of plaintiff's employment discrimination action is affirmed, where: 1) plaintiff had filed for Chapter 7 bankruptcy protection, and failed to list this employment discrimination action on her bankruptcy schedules; and 2) the district court applied the correct legal rule, properly weighed the applicable factors and did not otherwise err in concluding that plaintiff’s omission on her bankruptcy schedule was neither inadvertent mistaken, and therefore judicial estoppel barred this action.

Appellate Information

• Decided 12/11/2013
• Published 12/11/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel