Wash. Court of Appeals published opinion — 387844_pub.pdf

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Wash. Court of Appeals published opinion — 387844_pub.pdf
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Washington (state)
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https://www.courts.wa.gov/opinions/pdf/387844_pub.pdf ↗

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(1) whether a party’s later position is clearly inconsistent with its
earlier position; (2) whether judicial acceptance of an inconsistent position
in a later proceeding would create the perception that either the first or the
second court was misled; and (3) whether the party seeking to assert an
inconsistent position would derive an unfair advantage or impose an unfair
detriment on the opposing party if not estopped.

Arkison v. Ethan Allen, Inc., 160 Wn.2d 535, 538-39 (2007) (internal quotation marks

omitted) (quoting New Hampshire v. Maine, 532 U.S. 742, 750-51, 121 S. Ct. 1808,

149 L. Ed. 2d 968 (2001)). The doctrine of judicial estoppel protects the integrity of

the judicial process, not the interest of a defendant attempting to avoid liability. Miller v.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38784-4-III
Elgiadi v. Washington State University

Campbell, 164 Wn.2d 529, 544, 192 P.3d 352 (2008); Lee v. Jasman, 183 Wn. App. 27,

68-69, 332 P.3d 1106 (2014), aff’d, 183 Wn.2d 633, 354 P.3d 846 (2015).

Saleh Elgiadi never argued to the superior court, during his lawsuit for

employment discrimination, that any waiver of the opportunity to reapply for

employment survived public policy attack. Elgiadi does not now take any inconsistent

position offensive to the judicial system.

When arguing judicial estoppel, WSU asserts that the superior court approved the

settlement agreement reached between Saleh Elgiadi and WSU. It cites CP 137-40 as

constituting that approval. The document found on those pages in the clerk’s papers is a

stipulated judgment. The judgment reads that the sum of $295,000 is a just settlement.

The judgment does not reference the settlement agreement or approve of any terms in the

agreement.