DRI, the leading organization of civil defense attorneys and in-house counsel, reported the recent final summary judgment obtained on judicial estoppel grounds in Polk County on behalf of Coke Florida in Hersh v Coke Florida by RumbergerKirk partners Rob Blank (a member of DRI) and Mike Forte in the January 2024 issue of “The Voice.”

Plaintiff claimed he was injured at a grocery store. Shortly after the alleged incident took place, Plaintiff filed a “no asset bankruptcy” representing to the bankruptcy court he had no potential claims or assets despite the fact that he was simultaneously pursuing claims for alleged damages against Coke Florida and the grocery store. The Circuit Court held judicial estoppel applied because Plaintiff used intentional self-contradiction to obtain an unfair advantage in litigation, entering final summary judgment in Coke Florida’s favor.