judicial estoppel doctrine (Connecticut) · Go Syfert
← Connecticut issues

judicial estoppel doctrine in Connecticut

5 Connecticut opinions name it 3 courts 2001–2016 0 in the last five years

The cases below were cited by Connecticut 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 (6)

CaseFollowedCited
State v. Williamsgreen
conn · 1987 · cited in 1 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

11
State v. Rodriguez-Romangreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

11
Dougan v. Dougangreen
conn · 2011 · cited in 1 Connecticut opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Dougan v. Dougan, 301 Conn. 361, 372 , 21 A.3d 791 (2011) (‘‘[j]udicial estoppel prevents a party in a legal proceeding from taking a position contrary to a position the party has taken in an earlier proceeding’’ [internal quotation marks omitted]).

2015See, e.g., Dougan v. Dougan, 301 Conn. 361, 372 , 21 A.3d 791 (2011) (‘‘[j]udicial estoppel prevents a party in a legal proceeding from taking a position contrary to a position the party has taken in an earlier proceeding’’ [internal quotation marks omitted]).

11
Adelphia Recovery Trust v. Goldman, Sachs & Co.green
ca2 · 2014 · cited in 1 Connecticut opinions naming this issue, 2015–2015
1 sentence

2015Like waiver, the judicial estoppel doctrine ‘‘depends heavily on the specific factual context . . . before the court.’’ (Internal quotation marks omitted.) Adelphia Recovery Trust v. Goldman, Sachs & Co., 748 F.3d 110, 116 (2d Cir. 2014).

11
John Bates v. Long Island Railroad Companygreen
ca2 · 1993 · cited in 1 Connecticut opinions naming this issue, 2009–2009
2 sentences

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S.Ct. 550 , 126 L.Ed.2d 452 (1993)." (Internal quotation marks omitted.) SKW Real Estate Ltd.

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S. Ct. 550 , 126 L.

11
SKW Real Estate Ltd. Partnership v. Mitsubishi Motor Sales of America, Inc.green
connappct · 1999 · cited in 1 Connecticut opinions naming this issue, 2001–2001
2 sentences

2001SKW Real Estate Ltd. v. Mitsubishi Motor Sales of America, Inc ., 56 Conn. App. 1 , 8 , 741 A.2d 4 (1999) ("We do not have to determine whether Connecticut recognizes the doctrine of judicial estoppel.") Even if Connecticut recognizes the doctrine of judicial estoppel, it would be unavailing to the defendants.

2001SKW Real Estate Ltd. v. Mitsubishi Motor Sales of America, Inc ., 56 Conn. App. 1 , 8 , 741 A.2d 4 (1999) ("We do not have to determine whether Connecticut recognizes the doctrine of judicial estoppel.") Even if Connecticut recognizes the doctrine of judicial estoppel, it would be unavailing to the defendants.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
State v. Kitchens green
conn · 2011
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

12016–2016
State v. Ebron green
conn · 2009
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

12016–2016
State v. Madigosky green
conn · 2009
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

12016–2016
State v. Griggs green
conn · 2008
2 sentences

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

2016App. 2d 522 , 548–49, 293 P.3d 787 (2013). 12 See, e.g., State v. Rodriguez-Roman, 297 Conn. 66, 86 , 3 A.3d 783 (2010) (unpreserved instructional claim was reviewable when ‘‘defense counsel generally acquiesced in the jury instructions but did not affirmatively request the instruction’’); State v. Ebron, 292 Conn. 656, 680 , 975 A.2d 17 (2009) (claim was reviewable ‘‘because the defendant, while acquiescing to the charge as given at trial, did not actively induce the trial court to act on the challenged portion of the instruction’’), overruled in part by State v. Kitchens, 299 Conn. 447 , 10

12016–2016
State v. Hargrove green
kanctapp · 2013
2 sentences

2016The irony—and the fundamental slight-of-hand in Kitchens—is that it is precisely those elements of a true waiver, which exempt it from Golding review, that are lacking in a so-called Kitchens waiver. 11 ‘‘The doctrine of judicial estoppel . . . advances notions of fair play by precluding a party from inducing judicial action by taking one legal position and then taking a contrary position later to achieve further advan- tage over the same adverse party.’’ State v. Hargrove, 48 Kan.

2016"The doctrine of judicial estoppel ... advances notions of fair play by precluding a party from inducing judicial action by taking one legal position and then taking a contrary position later to achieve further advantage over the same adverse party." State v. Hargrove , 48 Kan.App.2d 522 , 548-49, 293 P.3d 787 (2013).

12016–2016
Hurwitz v. Perales, Commissioner, New York State Department of Social Services green
scotus · 1993
2 sentences

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S. Ct. 550 , 126 L.

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S. Ct. 550 , 126 L.

12009–2009
Heartland Federal Savings & Loan Ass'n v. Brisco Enterprises, Ltd. green
scotus · 1993
2 sentences

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S.Ct. 550 , 126 L.Ed.2d 452 (1993)." (Internal quotation marks omitted.) SKW Real Estate Ltd.

2009Bates v. Long Island [Railroad] Co., 997 F.2d 1028, 1038 (2d Cir.), cert. denied, 510 U.S. 992 , 114 S. Ct. 550 , 126 L.

12009–2009

Where else courts name it

NY 124 (1979–2026) IL 123 (1982–2026) CA 122 (1997–2026) TX 100 (1949–2026) AL 62 (1992–2025) MI 58 (1994–2025) NJ 45 (1990–2026) TN 45 (1924–2025) WA 43 (2000–2025) MS 36 (1979–2026) PA 35 (1990–2026) GA 32 (1996–2024) WI 29 (1996–2026) OH 29 (2000–2024) MA 25 (1993–2021) IA 23 (1991–2024) SC 22 (1997–2021) HI 20 (1998–2026) MD 19 (1996–2024) NC 18 (2004–2025) ID 17 (1982–2021) FL 17 (1988–2021) VA 16 (1995–2025) IN 15 (1991–2023) DC 14 (1994–2021) LA 14 (1965–2022) AZ 12 (1951–2019) MT 12 (1947–2024) NM 12 (1992–2024) RI 11 (2003–2026) MO 11 (1998–2024) ME 10 (2001–2026) OR 9 (1993–2022) NE 9 (1998–2025) WV 9 (2003–2021) WY 8 (1990–2025) DE 7 (2015–2025) AR 7 (1999–2014) ND 7 (2002–2017) UT 6 (1985–2026) NH 6 (2002–2018) MN 6 (2004–2026) KS 5 (1994–2026) CT 5 (2001–2016) CO 5 (1994–2022) NV 4 (2009–2020) OK 4 (1967–2021) VI 4 (2012–2025) KY 3 (2022–2023) SD 3 (2002–2022)

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.

← Caselaw search · G Cite Topics · Brief Check