( Atlanta, Ga) Judicial Estoppel standard stills remain the same although the 11th circuit claims it has abandon it's previous precedent in Slater Vs U.S. Steel Corp. On October 17, of last year, U.S. District court Judge Thomas Thrash has ruled in Favor of U.S. Security Associates in FLSA lawsuit filed by A former Security Guard.
There has been several discussions on Judicial estoppel " which is supposed to prevent bankruptcy filers from playing fast loose with the courts". But, let's call it what it actually is, It is nothing more than an Affirmative defense for defense attorneys even when the bankruptcy filer files the lawsuit after the bankruptcy petition. In other words, defense counsels can make a claim for judicial estoppel even when the asset doesn't belong to the estate. This is what happen in Henderson Versus U.S. Security Associates ( 1:17-CV-03329).
" This judge chose not to adopt what the 11th circuit urged it must do when invoking the strong medicine for judicial estoppel and he is also bias against pro-se litigants" says Lawyer Henderson.
Now on An Appeal, the 11th circuit would look at the case now as Henderson and defense counsel from"Gordon and Rees"will tackle the case at the 11th circuit.
"Henderson accused Thrash of tossing in Weakly vs Ego Logistics case, Although the Weakly case is further from his. In Assessing Judicial estoppel, the new standard require district justices to go beyond the scope of cold Manipulations not just ruling against plaintiffs for leaving out an omitted asset, especially, those that are proceeding pro-se, which is one of the shocking argument on appeal. "
it will be interesting to see how this case turn out, although Georgia courts rarely rules in favor of pro-se plaintiffs even when the law is on their side, it still will be interesting to see how the 11th circuit will rule.
The 11th circuit Has given the Appellant until Feb 15 to turn in his brief.
