Loth v. Union Pacific Railroad
Missouri Court of Appeals
1Opinion of the Court
LAWRENCE E. MOONEY, Judge.
Today we address the propriety of judicial estoppel under certain facts and circumstances posited in a summary-judgment record. Plaintiff Mike Loth filed a Federal Employer’s Liability Act (FELA) action against defendant Union Pacific Railroad Company. The trial court entered summary judgment in favor of the railroad, holding that the plaintiff was judicially estopped from proceeding with his FELA lawsuit because he had failed to include the lawsuit as an asset when obtaining a discharge of his debts in bankruptcy court. Because the trial court impermissibly made…
Also in this document: Concurrence.
2Cases cited19 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
- Bradshaw v. DanielTennessee Supreme Court · 1993
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- Samuel Stallings v. Hussmann Corporation Brian GroningerCourt of Appeals for the Eighth Circuit · 2006
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3Cited by14 opinions
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- Banks v. Central Trust & Investment Co.Missouri Court of Appeals · 2012
- Strable v. Union Pacific RailroadMissouri Court of Appeals · 2013
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