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HENNINGTON v. 10 (2019)

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United States Court of Appeals, Eleventh Circuit.

Dexter HENNINGTON, Plaintiff-Appellant, v. NATIONSTAR MORTGAGE, LLC, a foreign (non-Georgia incorporated) corporation, Defendant-Appellee, Does 1-10, Defendant.

No. 17-11328

Decided: April 30, 2019

Before ED CARNES, Chief Judge, ANDERSON, and JULIE CARNES, Circuit Judges. Thomas E. Reynolds, Jr., Reynolds Law Group, LLC, Atlanta, GA, for Plaintiff - Appellant Christopher Scott Anulewicz, Brooke Gram, Attorney, Balch & Bingham, LLP, Atlanta, GA, Geremy Walden Gregory, Balch & Bingham, LLP, Jacksonville, FL, Jarrod Sean Mendel, McGuireWoods, LLP, Atlanta, GA, for Defendant - Appellee

The district court dismissed the underlying lawsuit in this appeal based on application of the doctrine of judicial estoppel because of the plaintiff-appellant’s failure to disclose that he had pending Truth in Lending Act claims against the mortgagee or its successor-in-interest involving a mortgage on some of the plaintiff’s property. After the appeal was filed, this Court decided Slater v. United States Steel Corp., 871 F.3d 1174 (11th Cir. 2017) (en banc). The district court has not had an opportunity to decide whether to apply the doctrine of judicial estoppel, as refined in Slater, under the facts and circumstances of this case. Our review of decisions involving judicial estoppel is limited to abuse of discretion.

For these reasons, we are remanding this case to the district court for it to decide in the first instance if, in light of Slater, judicial estoppel bars the TILA claims in this lawsuit. In doing so, we express no view on that issue.



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