Judicial Estoppel can bar Personal Injury Lawsuit

Thursday, June 24, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that judicial estoppel can bar prosecution of a personal injury lawsuit. In the instant case, plaintiff crewmember was allegedly injured while on board defendant’s crewboat. Prior to filing his personal injury action, plaintiff and his wife filed for bankruptcy. During the pendency of the bankruptcy proceeding, plaintiff failed to update his listing of assets to include the pending lawsuit. When defendant found out about the bankruptcy, it moved to replace plaintiff with the bankruptcy trustee as the real party in interest, but by that time the bankruptcy had been finalized. The court held that that plaintiff can not take one position in bankruptcy – that he has no pending claims – and then a contrary position in his personal injury litigation – that he is entitled to a large personal injury award (at which point he has no debtors). Superior Crewboats Inc. v. Hudspeath, No. 03-30692 (5th Cir., June 18, 2004).
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Thai Resort Owners Sue State Owned Company for Oil Spill

Business owners on Koh Samet island are suing a state-owned petroleum enterprise for the oil spill that polluted the resort island's beaches last year. More than 50,

Nigerian Piracy Threatens UK Interests: New Report

The UK economy is heavily exposed to lawlessness off the coast of Nigeria, a new report published today by the UK Chamber of Shipping says. The report found that almost all of the UK’s annual £6.

Maine Port City Bans Oil Loading

City councilors in South Portland, Maine, voted late Monday night to ban the loading of crude oil onto tankers along its waterfront, throwing up yet another roadblock

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Navigation Pipelines Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.3898 sec (3 req/sec)