Rachel Breaux v. Louisiana Stadium and Exposition District, et al.

Where Petitioner’s duty to report her claim to the bankruptcy court was unclear and unsettled, would application of judicial estoppel to her claims violate the fundamental principles of fair notice set forth in our jurisprudence? The standard of appellate review for judicial estoppel is “abuse of discretion.” Kane v. Nat’l Union ‘fire Ins. Co., 535 F.3d 380, 384 (5th Cir. 2008). “[D]eference ... is the hallmark of abuse-ofdiscretion review.” Gen. Elec. Co. v. Joiner, 522 U.S. 136, 143, 118 S.Ct. 512, (1997).

May an appellate court reverse a trial court’s decision to not apply judicial estoppel without reviewing the trial court’s decision under the abuse of discretion standard? This Court in New Hampshire v. Maine instructed lower courts to consider the facts and equitable considerations of each individual case before considering the application of judicial estoppel. New Hampshire v. Maine, 532 U.S. 742, 751 (2001).

May an appellate court reverse a trial court’s decision to not apply judicial estoppel without considering any of the equitable factors relied upon by the trial court in rendering its decision?