Sentences with phrase «of judicial estoppel»

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.

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Nov. 2, 2012)(unpublished decision)(granting summary judgment dismissing individual plaintiff from suit on basis of judicial estoppel but allowing bankruptcy trustee to intervene on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 its discussion, the Court also held that the equitable tenet of judicial estoppel prevented Auday from pursuing the claim in her own name.

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

«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.»

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.

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.

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.

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

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.

Not exact matches

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.

But now I think, in the light of the reasons above, that a wider judicial protection is not impossible and is actually a good solution, especially in context of the estoppel principle, sort of sanctioning the state for the wrong or missing transposition.)

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.

This is so because (1) such findings do not constitute facts «not subject to reasonable dispute» within the meaning of Rule 201; 13 and (2) «were [it] permissible for a court to take judicial notice of a fact merely because it had been found to be true in some other action, the doctrine of collateral estoppel would be superfluous.»

While the Authority notes that the insurers need to keep their books of accounts in order, it is also necessary to note that insurers shall not use the instrument of discharge voucher as a means of estoppel against the aggrieved policy holders when such policy holder approaches judicial fora.