The abandonment of the V.C. Summer nuclear project in South Carolina and the questionable status of Plant Vogtle in Georgia have garnered headlines in recent months and raised questions about the validity of state statutes authorizing utility companies to preemptively charge customers for the design and construction of new nuclear facilities using rate hikes. In…
Month: July 2018
Plaintiff Judicially Estopped from Pursuing Claims Not Disclosed in Bankruptcy
In Weakley v. Eagle Logistics, 2018 WL 3188663 (11th Cir. June 29, 2018), the Eleventh Circuit considered what “facts and circumstances” surrounding a plaintiff’s failure to disclose a pending lawsuit in bankruptcy proceedings will allow the lawsuit to be dismissed on judicial-estoppel grounds. The plaintiff, Timothy Weakley, had filed two separate lawsuits against a number of defendants,…