Judge Errs in Dismissing Worker's Civil Suit Over Bankruptcy Disclosure

The Oregon Court of Appeals ruled that a trial judge erred in dismissing a worker’s personal injury claim on the basis of judicial estoppel because he had not disclosed it in his prior bankruptcy case. Case: Eller v. ABM Industries Inc., No. 395, 05/13/2026, published. Facts and procedural history: Kyle Eller slipped and fell while at work in 2019, suffering injuries that required several surgeries. In April 2021, Eller filed for bankruptcy, and although he listed his pending workers’ compensation claim on his petition, he did not separately list his as-then-unfiled third-party ...