Legal Opinion

Eastman v. Union Pacific Railroad

Court of Appeals for the Tenth Circuit

Decided July 6, 2007No. 05-8106PublishedCited by 154 opinions

1Opinion of the Court

BALDOCK, Circuit Judge.

In this appeal we must decide whether the' district court properly exercised its discretion in holding Plaintiff Wayne Gard^ ner is judicially estopped from pursuing his personal injury claims against Defendants because he failed to disclose his pending claims to the bankruptcy court in the context of his chapter 7 bankruptcy. Our jurisdiction arises under 28 U.S.C. § 1291. We conclude the district court properly exercised its discretion, and affirm.

I

Gardner was injured in an auto accident while in the employ of Defendant Union Pacific Railroad (UPRR). Gardner,…

2Cases cited20 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  4. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  5. William Edwards v. Aetna Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1982

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3Cited by154 opinions

  1. Anne Spaine v. Community Contacts, Inc.Court of Appeals for the Seventh Circuit · 2014
  2. Reed v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2011
  3. Sandra Slater v. United Steel CorporationCourt of Appeals for the Eleventh Circuit · 2017
  4. First Western Capital Management Co. v. MalamedCourt of Appeals for the Tenth Circuit · 2017
  5. Ah Quin v. County of Kauai Department of TransportationCourt of Appeals for the Ninth Circuit · 2013

149 more not listed; retrieve them via the Exa API.

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