Legal Opinion
Leslie Ann Johnson v. State of Oregon Oregon Department of Human Resources, Rehabilitation Division
Court of Appeals for the Ninth Circuit
Decided April 20, 1998No. 96-36191PublishedCited by 79 opinions
1Opinion of the Court
TROTT, Circuit Judge:
This case requires us to determine (1) the conditions under which the doctrine of judicial estoppel precludes claims under the Americans with Disabilities Act of 1990(ADA), 1 when a litigant has sought or received benefits for a disability; and (2) whether on the facts of this case, the district court’s use of judicial estoppel to bar Leslie Johnson’s ADA claim was an abuse of discretion. The district court had jurisdiction over Ms. Johnson’s ADA claim pursuant to 28 U.S.C. § 1331. This court has jurisdiction pursuant to 28 U.S.C. § 1291.
We hold that the pursuit or…
2Cases cited20 opinions
- Krouse v. American Sterilizer CompanyCourt of Appeals for the Third Circuit · 1997
- Forsyth v. Humana, Inc.Court of Appeals for the Ninth Circuit · 1997
- Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
- Kathlyn M. Kennedy v. Applause, Inc.Court of Appeals for the Ninth Circuit · 1996
- Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
15 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004
- Jacqlyn Smith v. Clark County School DistrictCourt of Appeals for the Ninth Circuit · 2013
- Vera L. Nunes v. Wal-Mart Stores, Inc. Mike Black Rita SilvaCourt of Appeals for the Ninth Circuit · 1999
- Jocelyn Broussard v. University of California, at Berkeley, Office of Laboratory Animal CareCourt of Appeals for the Ninth Circuit · 1999
74 more not listed; retrieve them via the Exa API.