Jones v. Bob Evans Farms, Inc., No. 15-2068 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit against his employer, Bob Evans, alleging employment discrimination in violation of federal and Missouri law. The district court granted summary judgment in favor of Bob Evans. The court concluded that the district court did not abuse its discretion in applying judicial estoppel to bar plaintiff's claims where, pursuant to the New Hampshire v. Maine factors, plaintiff took inconsistent positions between his bankruptcy case and this case; the bankruptcy court, by discharging plaintiff's unsecured debts, adopted the position that his discrimination claims did not exist; and plaintiff could have derived an unfair advantage in the bankruptcy proceedings by concealing his claims. Accordingly, the court affirmed the judgment.
Court Description: Murphy, Author, with Benton and Kelly, Circuit Judges] Civil case - Employment discrimination. Plaintiff's failure to disclose his employment discrimination claims in his bankruptcy judicially estopped him from pursuing the claims.
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