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In a novel approach to applying the doctrine of judicial estoppel, a federal judge has ruled that a plaintiff in a pregnancy discrimination suit who failed to inform the Bankruptcy Court of her pending discrimination claims must be barred from seeking any compensatory damages in that case, but should still be allowed to pursue declaratory and injunctive relief.

In his 21-page opinion in Hardee-Guerra v. Shire Pharmaceuticals, Senior U.S. District Judge Jan E. DuBois found that “the purpose of judicial estoppel — deterrence against manipulation of the judicial process — is served by barring Hardee-Guerra from pursuing her claims for compensatory damages while allowing her to seek appropriate equitable relief.”

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