6 canonical passages across 3 cases, quoted by 91 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Pegram v. Herdrich.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Pegram v. Herdrich Anchor | green | “generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase.” | 24 |
| 2 | Davis v. Wakelee | green | “where a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position, especially if it be to the prejudice of the party who has acquiesced in the po…” | 22 |
| 3 | Pegram v. Herdrich | green | “judicial estoppel generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase.” | 15 |
| 4 | Pegram v. Herdrich | green | “the 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” | 8 |
| 5 | William Edwards v. Aetna Life Insurance Company | green | “prohibiting parties from deliberately changing positions according to the exigencies of the moment,” | 5 |
A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.