Sentences with phrase «judicial estoppel»

The defendants both moved for summary judgment on the grounds that Otis» position in this case was opposite of his position in the underlying case and the doctrine of judicial estoppel barred his negligence and 93A claims.

Accordingly, the SJC held that the trial judge did not abuse his discretion in applying judicial estoppel.

The SJC found that Otis» present case is barred by judicial estoppel because the claims are diametrically contrary to the position he took in his original suit against Cusick.

Legal issues raised at trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, the disciplinary rules, adverse possession, constructive trust, fiduciary duty and the attorney - client privilege.

Style and Substance of Indemnity Provision Supported the Denial Result, With Judicial Estoppel Argument Based on International Billing Services Not Prevailing.

In its discussion, the Court also held that the equitable tenet of judicial estoppel prevented Auday from pursuing the claim in her own name.

Thus, the Court will not apply judicial estoppel under the circumstances presented here.

Because Griswold's bankruptcy and personal injury claim involve federal law, the Court must apply federal judicial estoppel principles.

Quite likely the district court's application of judicial estoppel against the trustee was inappropriate, at least to the extent Gardner's personal injury claims were necessary to satisfy his debts.

With those claims once again in Gardner's hands, judicial estoppel becomes an appropriate subject for our consideration.

The Doctrine of Judicial Estoppel is an Effective Tool in the Defense of «Settle and Sue» Claims By: Karen A. Smyth, Esq., Lipson, Neilson, Cole, Seltzer & Garin, P.C.

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.

The application of judicial estoppel is to be decided on a case by case basis.

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.

«Judicial estoppel is an equitable doctrine that precludes a party from asserting a position in one legal proceeding that is contrary to a position it had previously asserted in another proceeding.»

This case does not involve any factors, such as inadvertent mistake or newly discovered evidence, that might, on equitable grounds, relieve Otis from the application of judicial estoppel.

Since Husband failed to appeal the judicial estoppel issue, the Court of Appeals affirmed the $ 450,000 valuation.

The appellate court, not reaching this issue, affirmed the dismissal finding the judicial estoppel doctrine barred plaintiff from asserting an inconsistent position in a subsequent proceeding... Click here for full article.

«The federal doctrine of judicial estoppel» you from asserting a position in a judicial proceeding which is inconsistent with a position previously successfully asserted by it in a prior proceeding.»

Summary judgment was granted on the basis of judicial estoppel, which the Plaintiff appealed.

Similar to Federated Mutual Hardware, the Eleventh Circuit has explained that judicial estoppel «is designed to prevent parties from making a mockery of justice by inconsistent pleadings,» and the doctrine applies «to the calculated assertion of divergent sworn positions.»

Sept. 21, 2010), the Middle District pondered whether federal or state law governed a judicial estoppel inquiry in a diversity case involving state law claims where the prior proceeding was in bankruptcy court.

Like Florida, federal courts apply the doctrine of judicial estoppel.

Furthermore, although the general rule is that judicial estoppel applies where an inconsistent position was asserted successfully in a prior action or proceeding, both the First and Fifth Districts have applied the doctrine in the same proceeding, where there had been a final adjudication of the issue in the case.

Under federal law, the doctrine of judicial estoppel is designed to protect the judicial process by prohibiting parties from deliberately changing positions according to the exigencies of the moment.

Nov. 2, 2012)(unpublished decision)(granting summary judgment dismissing individual plaintiff from suit on basis of judicial estoppel but allowing bankruptcy trustee to intervene on behalf of plaintiff's creditors).

In the Motion, BNSF argues that judicial estoppel should bar Griswold from bringing this claim.