Plaintiffs in New Jersey Oppose Efforts to Dismiss on Judicial Estoppel Grounds

CAMDEN, N.J. -- Plaintiffs in a benzene action have filed responses opposing several motions for summary judgment, contending that the failure to disclose a bankruptcy proceeding was nothing more than an "inadvertent mistake and misunderstanding." Taylor, et al. v. The Sherwin-Williams Co., et al., No. 11-3413 (D. N.J.).

The Nov. 7 response filed in the U.S. District Court for the District of New Jersey further states that when the error was identified, the plaintiffs took steps to have the bankruptcy proceedings reopened and the instant petition amended.

The complaint was filed by Wayne Howard Taylor and Leslie Taylor in …