Jason Ferguson and Bobbie Ferguson, Petitioners v. Building Materials Corporation of America, Cpc Logistics, Inc…

Summary

The Texas Supreme Court held that the doctrine of judicial estoppel does not bar the Fergusons' personal injury claim because they did not adopt a clearly inconsistent position nor obtain an unfair advantage in their bankruptcy proceeding. Accordingly, the Court reversed the Court of Appeals' dismissal and remanded the case for further proceedings.