Topic: (1) the party against whom judicial estoppel is sought has … · Go Syfert
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Topic #5188

7 canonical passages across 5 cases, quoted by 65 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 Reed v. City of Arlington.

#Case FlagCanonical passage Citers
1 Reed v. City of Arlington Anchor
ca5 · 2011
green “(1) the party against whom judicial estoppel is sought has asserted a legal position which is plainly inconsistent with a prior position; (2) a court accepted the prior position; and (3) the party did not act inadvertently.” 22
2 Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)
ca5 · 1999
green “a common law doctrine by which a party who has assumed one position in his pleadings may be estopped from assuming an inconsistent position.” 9
3 Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)
ca5 · 1999
green “in considering judicial estoppel for bankruptcy cases, the debtor's failure to satisfy its statutory disclosure duty is 'inadvertent' only when, in general, the debtor either lacks knowledge of the undisclosed claims or has no motive for their concealment.” 9
4 McClure v. Ashcroft
ca5 · 2003
green “a district court abuses its discretion if it: (1) relies on clearly erroneous factual findings; (2) relies on erroneous conclusions of law; or (3) misapplies the law to the facts.” 8
5 Reed v. City of Arlington
ca5 · 2011
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
6 Superior Crewboats, Inc. v. Primary P & I Underwriters
ca5 · 2004
green “reap a windfall had they been able to recover on the undisclosed claim without having disclosed it to the creditors.” 5
7 Faye Brandon v. Interfirst Corporation, and John Hancock Mutual Life Insurance Company
ca1 · 1988
green “preventing parties from playing fast and loose with the courts to suit the exigencies of self interest” 4

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.

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