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.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]