In Berge v. Kuno Mader and DMG America, Inc., the Illinois Appellate Court found that judicial estoppel bars a plaintiff from suing in state court if he or she fails to disclose the lawsuit as an asset in a bankruptcy petition, writes Brett J. Swanson in the latest Tort Trends.

What does that mean for trial lawyers? "When representing individuals in a personal injury case, make it a habit to ask your client about bankruptcy or conduct a brief search on PACER prior to meeting any potential client," Swanson writes. "You should also be certain to make sure your client understands the importance of disclosing your lawsuit if he or she intends on filing bankruptcy subsequent to your representation." Read his analysis of Berge.