In Eastman, the district court
applied judicial estoppel to bar the plaintiff, Wayne Gardner (Gardner), from asserting a personal injury claim that Gardner had failed to list as an asset on his bankruptcy schedules.
Accordingly, the SJC held that the trial judge did not abuse his discretion in
applying judicial estoppel.
Thus, the Court will not
apply judicial estoppel under the circumstances presented here.
Not exact matches
Additionally, the SJC rejected Otis» arguments that
judicial estoppel should not be
applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's claims, not his own; (2) Otis himself did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of
judicial estoppel in cases of assignment of legal malpractice claims.
C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue
estoppel to police disciplinary hearings based upon
judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to
apply issue
estoppel if it will work an injustice, even where the preconditions have been met.
Like Florida, federal courts
apply the doctrine of
judicial estoppel.