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Robinson v. Tyson Foods, Inc.

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[PUBLISH]

Before MARCUS, FAY and ANDERSON, Circuit Judges.

While in the midst of a Chapter 13 bankruptcy plan, plaintiff-appellant Brenda Robinson brought an employment discrimination claim against her former employer, defendant-appellee Tyson Foods. The district court granted summary judgment for Tyson Foods on the threshold issue of judicial estoppel. The court reasoned that because Robinson failed to disclose her employment discrimination suit to the bankruptcy court, she had taken inconsistent positions under oath with the intent of misleading the court. Robinson contends that she did not take inconsistent positions under oath because she did not have a continuing duty to disclose changes in her asset schedule. Additionally, Robinson claims she had no reason to mislead the court as she paid off her debt in full. We hold that judicial estoppel was appropriate and affirm the district court’s grant of summary judgment.

 
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