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JOHNSON v. STATE OF OREGON

No. 96-36191.

141 F.3d 1361 (1998)

Leslie Ann JOHNSON, Plaintiff-Appellant, v. STATE of Oregon; OREGON DEPARTMENT OF HUMAN RESOURCES, REHABILITATION DIVISION, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1998.

Attorney(s) appearing for the Case

Michael Duane Brown, Churchill, Leonard, Brown, Lodine & Hendrie, Salem, OR, for Plaintiff-Appellant.

Stephanie L. Striffler, Assistant Attorney General, Office of Attorney General, Salem, OR, for Defendants-Appellees.

Before: ALDISERT, PREGERSON, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

This case requires us to determine (1) the conditions under which the doctrine of judicial estoppel precludes claims under the Americans with Disabilities Act of 1990(ADA),1 when a litigant has sought or received benefits for a disability; and (2) whether on the facts of this case, the district court's use of judicial estoppel to bar Leslie Johnson's ADA claim was an abuse of discretion. The district court had jurisdiction...

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