Hallberg v. City of Portland

Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in the federal court action and that, in any event, he is not entitled to indemnity on the merits. The trial court granted the citys motion on the latter of those two arguments and entered judgment dismissing plaintiffs claim. Plaintiff now appeals, arguing that the court erred in concluding that he is not entitled to indemnity from the city. The city responds that the trial court was correct in dismissing plaintiffs claim on that ground and that, in the alternative, the court may be affirmed on the alternative ground of judicial estoppel. We agree with the city that judicial estoppel applies and that, on that ground, the trial court correctly granted the citys summary judgment motion. We therefore affirm.