Did the district court err in rejecting Allens judicial estoppel argument?
Allen’s primary argument on appeal is that the district court erred by rejecting her judicial estoppel argument below. This court reviews de novo a lower court’s resolution of a judicial estoppel argument, as it is a question of law. See Browning v. Levy, 283 F.3d 761, 775 (6th Cir. 2002). The basic argument [*8] is that Genex’s vigorous pursuit of Allen’s case for SSDI, partly on the basis that Allen is disabled with Meniere’s disease, was made on behalf of and with the financial backing of UNUM. Therefore, Allen argues, UNUM’s position in the present case that Allen is not disabled due to Meniere’s disease is inconsistent with its previous position in another proceeding. UNUM, the argument goes, should thus be estopped from discrediting, for example, Dr. Miller’s reports diagnosing Allen with Meniere’s disease as a reason for denying Allen’s long-term benefits under her insurance policy. Judicial estoppel is a doctrine that where a party assumes a certain position in a legal proceedi
