party from asserting claim (Texas) · Go Syfert
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party from asserting claim in Texas

13 Texas opinions name it 1 courts 2002–2017 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Prystash v. Stategreen
texcrimapp · 1999 · cited in 4 Texas opinions naming this issue, 2002–2006
2 sentences

2006Prystash v. State , 3 S.W.3d 522, 531 (Tex. Crim.

2004Prystash v. State, 3 S.W.3d 522, 531 (Tex.Crim.App.1999).

44
New Hampshire v. Mainegreen
scotus · 2001 · cited in 5 Texas opinions naming this issue, 2010–2012
2 sentences

2011Under federal law, judicial estoppel is an equitable doctrine that protects the integrity of court proceedings by preventing "'a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.'" New Hampshire v. Maine , 532 U.S. 742, 749 (2001) (citation omitted).

2011Under federal law, judicial estoppel is an equitable doctrine that protects the integrity of court proceedings by preventing “‘a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.’” New Hampshire v. Maine, 532 U.S. 742, 749 (2001) (citation omitted).

35
Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)green
ca5 · 1999 · cited in 2 Texas opinions naming this issue, 2012–2016
2 sentences

2016Id. –11– fast and loose with the courts to suit the exigencies of self-interest,” Allen, 813 F.3d at 572 (quoting In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir. 1999)), by prohibiting “a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Reed v. City of Arlington, 650 F.3d 571 , 573–74 (5th Cir. 2011) (en banc) (quoting 18 James Wm.

2012See New Hampshire v. Maine, 582 U.S. 742 , 749, 121 S.Ct. 1808, 1814 , 149 L.Ed.2d 968 (2001); In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir.1999).

22
Ginsberg v. Fifth Court of Appealsgreen
tex · 1985 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Ramirez, 887 S.W.2d at 840 ; Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105, 108 (Tex. 1985) (holding that plaintiff could not assert privilege for medical records that were relevant to and possibly validated the statute of limitation defenses that had been asserted; the trial court found the records to be relevant after an in camera review).

11
R.K. v. Ramirezgreen
tex · 1994 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Ramirez, 887 S.W.2d at 840 ; Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105, 108 (Tex. 1985) (holding that plaintiff could not assert privilege for medical records that were relevant to and possibly validated the statute of limitation defenses that had been asserted; the trial court found the records to be relevant after an in camera review).

11
Perez, Ex Parte Alberto Girongreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Ex parte Perez, 398 S.W.3d at 210 & n.3.

11
Green v. Parrackgreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Green v. Parrack, 974 S.W.2d 200, 203 (Tex. App.—San Antonio 1998, no pet.).

11
Union Pacific Railroad v. Williamsgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Co. v. Williams, 85 S.W.3d 162, 169 (Tex.2002). 1 *767 Judicial estoppel is a common law doctrine utilized to prevent a party from asserting a claim in a legal proceeding that is inconsistent with position taken by that party in a previous proceeding.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Pegram v. Herdrich green
scotus · 2000
2 sentences

2010When applicable, “[t]he doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Pegram v. Herdrich, 530 U.S. 211 , 227 n. *11 8, 120 S.Ct. 2148 , 147 L.Ed.2d 164 (2000). 9 It “is an equitable doctrine invoked by a court at its discretion.” New Hampshire, 532 U.S. at 750 , 121 S.Ct. 1808 .

2010When applicable, “[t]he doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Pegram v. Herdrich , 530 U.S. 211 , 227 n.8 (2000) . [9] It “is an equitable doctrine invoked by a court at its discretion.” New Hampshire , 532 U.S. at 750 .

22010–2010
Willie Love v. Tyson Foods, Inc. green
ca5 · 2012
1 sentence

2016Id. –11– fast and loose with the courts to suit the exigencies of self-interest,” Allen, 813 F.3d at 572 (quoting In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir. 1999)), by prohibiting “a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Reed v. City of Arlington, 650 F.3d 571 , 573–74 (5th Cir. 2011) (en banc) (quoting 18 James Wm.

12016–2016
Reed v. City of Arlington green
ca5 · 2011
1 sentence

2016Id. –11– fast and loose with the courts to suit the exigencies of self-interest,” Allen, 813 F.3d at 572 (quoting In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir. 1999)), by prohibiting “a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Reed v. City of Arlington, 650 F.3d 571 , 573–74 (5th Cir. 2011) (en banc) (quoting 18 James Wm.

12016–2016
Helen Allen v. C & H Distributors, L.L.C. green
ca5 · 2015
1 sentence

2016Id. –11– fast and loose with the courts to suit the exigencies of self-interest,” Allen, 813 F.3d at 572 (quoting In re Coastal Plains, Inc., 179 F.3d 197, 205 (5th Cir. 1999)), by prohibiting “a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.” Reed v. City of Arlington, 650 F.3d 571 , 573–74 (5th Cir. 2011) (en banc) (quoting 18 James Wm.

12016–2016

Where else courts name it

ID 125 (1993–2026) NC 28 (1992–2003) CA 27 (1979–2026) DC 16 (2012–2026) NY 14 (1988–2023) TX 13 (2002–2017) MN 9 (2007–2026) GA 5 (2007–2024) PA 4 (2002–2019) CO 3 (1992–2026) MS 3 (2008–2020) AZ 3 (1972–2019) WA 2 (2007–2007) RI 2 (1994–2010) WI 2 (2009–2019) AL 2 (1985–2016) OH 2 (2012–2022) MT 2 (2008–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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