Litigator's Perspective: 11th Circuit Addresses Judicial Estoppel, Unsheduled Litigation

In Slater v. U.S. Steel Corp. the Eleventh Circuit Court of Appeals expanded the doctrine of judicial estoppel to broadly hold that not listing pending litigation in a debtor's Schedule B (a disclosure to the Bankrtuptcy Court) gave grounds for dismissing the pending litigation. This article more fully explores the holding in Slater v. U.S. Steel Corp., as well as the implications and take aways for both bankruptcy and non-bankruptcy litigants alike.