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Keathley v. Buddy Ayers Construction, Inc.

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Supreme Court of the United States
Keathley v. Buddy Ayers Construction, Inc.
Docket number: 25-6
Term: 2025
Court: United States Supreme Court
Important dates
Argument: March 24, 2026
Court membership
Chief Justice John Roberts • Clarence Thomas • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh • Amy Coney Barrett • Ketanji Brown Jackson

Keathley v. Buddy Ayers Construction, Inc. is a case scheduled for argument before the Supreme Court of the United States on March 24, 2026, during the court's October 2025-2026 term.

HIGHLIGHTS
  • The questions presented: "Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith."[1]
  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.


    • The case came on a writ of certiorari to the United States Court of Appeals for the Fifth Circuit. To review the lower court's opinion, click here.

    Background

    Case summary

    The following are the parties to this case:[2]

    • Petitioner: Thomas Keathley
      • Legal counsel: Gregory George Garre
    • Respondent: Buddy Ayers Construction
      • Legal counsel: William McGinley Jay

    The following summary of the case was published by Oyez, a free law project from Cornell’s Legal Information Institute, Justia, and the Chicago-Kent College of Law:[3]

    “

    Thomas Keathley filed for Chapter 13 bankruptcy in the U.S. Bankruptcy Court for the Eastern District of Arkansas in December 2019. In August 2021, while his bankruptcy case was ongoing, Keathley was in a motor vehicle collision with David Fowler, a truck driver employed by Buddy Ayers Construction, Inc. (BAC). Keathley hired a personal injury attorney the next day and subsequently filed a personal injury lawsuit against BAC in the U.S. District Court for the Northern District of Mississippi in December 2021, alleging negligence and vicarious liability.

    Keathley, however, failed to disclose this new personal injury lawsuit as a potential asset to the bankruptcy court. He submitted multiple amended bankruptcy plans in March 2022 and June 2022, none of which mentioned the pending lawsuit. The bankruptcy court confirmed Keathley’s modified plan in July 2022, unaware of the personal injury claim. Keathley only amended his bankruptcy schedule to include the lawsuit after BAC moved to dismiss the personal injury case.

    BAC moved for summary judgment in the personal injury suit, arguing that the doctrine of judicial estoppel barred Keathley’s claim because he failed to disclose it during his bankruptcy proceeding. The district court granted BAC’s motion, dismissing the lawsuit, and subsequently denied Keathley's motion for reconsideration. Keathley then appealed both of those decisions to the U.S. Court of Appeals for the Fifth Circuit, which affirmed the district court’s decisions.[4]

    		”

    To learn more about this case, see the following:

    Timeline

    The following timeline details key events in this case:

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions presented:
    “ Whether the doctrine of judicial estoppel can be invoked to bar a plaintiff who fails to disclose a civil claim in bankruptcy filings from pursuing that claim simply because there is a potential motive for nondisclosure, regardless of whether there is evidence that the plaintiff in fact acted in bad faith.[4] ”

    Oral argument

    Audio

    Audio of the case will be posted here when it is made available.

    Transcript

    A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2025-2026

    See also: Supreme Court cases, October term 2025-2026

    The Supreme Court began hearing cases for the term on October 6, 2025. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[5]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 Supreme Court of the United States, "25-6 KEATHLEY V. BUDDY AYERS CONSTRUCTION, INC. QP", October 20, 2025
    2. ↑ Supreme Court of the United States, "No. 25-6," accessed February 10, 2026
    3. ↑ Oyez, "Keathley v. Buddy Ayers Construction, Inc.," accessed February 10, 2026
    4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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