Whether application of judicial estoppel violates fundamental principles of fair notice when a petitioner's duty to report a claim to bankruptcy court was unclear and unsettled

1. Where Petitioner’s duty to report her claim to the bankruptcy court was unclear and unsettled, would application of judicial estoppel to her claims violate the fundamental principles of fair notice set forth in our jurisprudence? The standard of appellate review for judicial estoppel is “abuse of discretion.” Kane v. Nat’l Union ‘fire Ins. Co., 535 F.3d 380, 384 (5th Cir. 2008) . “[D]eference ... is the hallmark of abuse -ofdiscretion review.” Gen. Elec. Co. v. Joiner , 522 U.S. 136, 143, 118 S.Ct. 512, (1997) . 2. May an appellate court reverse a trial court’s decision to not apply judicial estoppel without reviewing the trial court’s decision under the abuse of discretion standard? This Court in New Hampshire v. Maine instructed lower courts to consider the facts and equitable considerations of each individual case before considering the application of judicial estoppel. New Hampshire v. Maine, 532 U.S. 742, 751 (2001). 3. May an appellate court reverse a trial court’s decision to not apply judicial estoppel without considering any of the equitable factors relied upon by the trial court in rendering its decision? ii PARTIES TO THE PROC EEDING The petitioner , Rachel Br eaux, was the Applicant to the Louisiana Supreme Court, and SMG, Inc. and Jameika Gleason were Respondents. In the Louisiana Fourth Circuit of Appeal, the Petitioner was the Respondent, and SMG, Inc. and Jameika Gleason were Relators. The Petitioner was the Plaintiff in the trial court and SMG, Inc. and Jameika Gleason were defendants in the trial court. LIST OF ALL PROCEEDINGS Trial on Defendants’ Exception of No Right of Action, January 24, 2024, Civil District Court, Parish of Orleans, State of Louisiana, No. 2016 -00689. Judgment Denying Defendants’ Exception of No Right of Action, January 31, 2024, Civil District Court, Parish of Orleans, State of Louisiana, No. 201600689. Louisiana Court of Appeal, Fourth Circuit, Writ Granted; Judgment reversed and Rendered, April 4, 2024, No. 2024-C0126. Louisiana Court of Appeal, Fourth Circuit, Order D enying Petitioner’s Application for Rehearing, May 21, 2024, No. 2024-C0126. Supreme Court of the State of Louisiana, denial of Certiorari, November 14, 2024, No. 2024CC-00788.