To tell the truth Should judicial estoppel preclude Americans with Disabilities Act complaints?

To tell the truth

Should judicial estoppel preclude Americans with Disabilities Act complaints?

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

text

article

1999 1999 monographic

1999

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

This article analyzes the use of the doctrine of judicial estoppel as a bar to an Americans with Disabilities Act claim where the plaintiff has previously asserted a total disability in order to obtain social security benefits. The author argues against an automatic estoppel rule as there are compelling reasons and particularized findings in such cases. Judicial estoppel allows courts to unilaterally terminate claims before they are fully articulated and before they are tested at trial, which the author points out is inappropriate to such cases where intense fact finding is necessary. Noting the legislative history as objectives of the Americans with Disabilities Act, the author suggests amending current legislation as EEOC guidance is not binding on courts.

Version of record.

St. John's Law Review 0036-2905 73 2 349 374 pp. 349-374 Spring 1999

St. John's Law Review

0036-2905

73 2 349 374 pp. 349-374 Spring 1999

349 374 pp. 349-374

349

374

pp. 349-374

Spring 1999

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Business Law StJohnsLR-v73-OBrien-p349-QC.pdf StJohnsLR-v73-OBrien-p349-permissions-QC.pdf

Business Law

StJohnsLR-v73-OBrien-p349-QC.pdf

StJohnsLR-v73-OBrien-p349-permissions-QC.pdf

MChB English eng

MChB

English eng

English

eng