Equities Favor Allowing Chapter 13 Debtor To Pursue Claim Against Drug Manufacturer

The U.S. District Court for the Southern District of Mississippi Feb. 15 denied a drug manufacturer’s motion for summary judgment against a plaintiff/debtor on the basis of judicial estoppel, concluding that the equities favor the debtor being permitted to pursue her claim against the drug manufacturer after completing her Chapter 13 plan (Byrd v. Wyeth Inc., S.D. Miss., 2:03-cv-00104-TSL-MTP, 2/15/12).

Judge Tom S. Lee found that the facts of this case are indistinguishable from those in Woodard v. Taco Bueno Restaurants Inc., No. 4:05-CV-804-Y, 2006 WL 3542693, 11 (N.D. Tex. Dec. 8, 2006), and Gilbreath v. Averitt Express Inc., W.D. La., 3:09-cv-01922, 11/3/10