Eilber v. Floor Care Specialists, Inc.Annotate this Case
A court may raise judicial estoppel on its own motion in an appropriate case, and therefore, the doctrine is not waived if not pled by the parties.
After Plaintiff initiated Chapter 13 bankruptcy proceedings, he filed a defamation claim against Defendants. Plaintiff subsequently completed the payments required by the Chapter 13 plan, and the bankruptcy court ordered the discharge of his remaining unsecured debts. Defendants moved for summary judgment and then filed a reply brief to Plaintiff’s brief in opposition to the motion, arguing that Plaintiff was judicially estopped from prosecuting his defamation claim because he failed to timely disclose it to the bankruptcy court. The circuit court granted the motion, concluding that the doctrine of judicial estoppel prohibited Plaintiff from prosecuting his defamation claim after taking the position in the bankruptcy court that it did not exist. The Supreme Court affirmed, holding (1) the doctrine of judicial estoppel was not waived by Defendants for their failure to raise it in their pleadings; and (2) Plaintiff identified no reversible error in the circuit court’s application of judicial estoppel.