Sentences with phrase «applying judicial estoppel»

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.

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.

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.