No. 23-1410 ___________________________

Ricky Hughes

Plaintiff - Appellant

v.

Canadian National Railway Company

Defendant

Wisconsin Central, Ltd.; Portaco, Inc.; Racine Railroad Products, Inc.

Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: December 15, 2023 Filed: June 25, 2024 ____________ Before ERICKSON, MELLOY, and STRAS, Circuit Judges. ____________ MELLOY, Circuit Judge.

Railroad employee Plaintiff Ricky Hughes was injured at work twice in separate incidents during the pendency of his Chapter 13 bankruptcy. Approximately 19 months after his bankruptcy closed, Mr. Hughes filed the present personal injury lawsuit. Because Mr. Hughes had not disclosed the potential lawsuit in his bankruptcy, the district court granted summary judgment against Mr. Hughes based on standing and judicial estoppel. We conclude Mr. Hughes has standing. We also conclude judicial estoppel applies to claims arising from the first incident but not the second. Accordingly, we affirm in part and reverse in part.

I.

Mr. Hughes filed a Chapter 13 bankruptcy petition in May 2012. He commenced payments under an unconfirmed five-year Chapter 13 plan soon after filing his bankruptcy petition. Later, in December 2012, the bankruptcy court confirmed his plan. Mr. Hughes made his last required payment in spring 2017, and the bankruptcy court entered an order in April 2017 recognizing the completion of payments. In February 2018, the bankruptcy court issued an order discharging approximately $57,000 of unpaid, unsecured debt. Mr. Hughes made approximately $26,000 in payments as required by the plan. In March 2018, the bankruptcy closed.

Meanwhile, in October 2016, while still making plan payments, Mr. Hughes was injured in an accident at work. Then, in August 2017, several months after he completed his five-year payment plan but before he received his discharge order and before his bankruptcy closed, Mr. Hughes was injured in another accident at work. Although he had an ongoing duty to inform the bankruptcy court of pending or potential causes of action, he did not inform the bankruptcy court of potential lawsuits related to the injuries. Various bankruptcy forms, acknowledgments, and orders had expressly informed Mr. Hughes of his disclosure duty.

After each accident, Mr. Hughes was temporarily unable to work. Within two weeks of each accident, he submitted a form to the Railroad Retirement Board, 45 U.S.C. §231f, applying for sickness benefits. On both forms, he checked a box stating “yes” in response to the compound question: “Have you filed or do you expect to file a lawsuit or claim against any person or company for personal injury?”

-2- Below the checked box, he indicated the person or company as his employer, “Canadian National Railroad, Co.”1

In October 2019, over two years after his last plan payment and approximately 19 months after his bankruptcy closed, Mr. Hughes filed the present personal injury lawsuit against Wisconsin Central alleging negligence claims pursuant to the Federal Employers’ Liability Act, 45 U.S.C § 56–58. Mr. Hughes later filed amended complaints adding Portaco, Inc., and Racine Railroad Products, Inc., as defendants and alleging strict liability and negligence claims pursuant to state law based on product liability. Claims against Portaco and Raci