KT Of Counsel, Michael Trumble, wins for the defense on summary judgment in the United States District Court for the Eastern District of Virginia. Plaintiff brought a breach of contract claim against his insurer in relation to a previously denied property damage claim. Mr. Trumble moved for summary judgment and asserted a judicial estoppel argument in relation to Plaintiff’s prior bankruptcy filing. In a detailed and comprehensive Memorandum Opinion, the federal court agreed with Mr. Trumble and ruled that Plaintiff was judicially estopped from pursuing this claim as a result of his prior representations in his bankruptcy proceeding. The Court dismissed the case in its entirety with prejudice.
