News & Analysis as of

Judicial Estoppel

District Court Takes on the Intersection of Bankruptcy and the FDCPA

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. In December 2013, Jeziorowski filed a complaint...more

ERISA Benefits and a Claimant’s Bankruptcy: When Judicial Estoppel Requires Dismissal of Lawsuits Seeking Long Term Disability...

Don’t forget that... judicial estoppel can require dismissal of a claimant’s suit for ERISA-governed long term disability (LTD) benefits if the claimant failed to list the “potential cause of action” in bankruptcy filings....more

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story...more

IPR Estoppel Extends Only to Instituted (and Subsumed) Grounds; Arguments in Support of a Motion to Stay, Amidst Developing Law,...

On January 19, 2017, Judge Susan Illston of the Northern District of California granted-in-part and denied-in-part a group of plaintiffs’ (collectively, “Plaintiffs”) motion to strike portions of defendant Ariosa Diagnostic,...more

Tenth Circuit: Judicial Estoppel Should Not Bar Asarco’s Latest Claims for Cost Recovery At CERCLA Mining Site

On January 3, the U.S. Court of Appeals for the Tenth Circuit issued a ruling reversing the district court’s decision that Asarco could not proceed with its claims for cost recovery at a Utah Comprehensive Environmental...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36040, AC36270 - Barton v. Norwalk - Congratulations to Elliott B. Pollack and Tiffany K. Spinella on their big win before the Appellate Court. This decision upheld a...more

The Thin Line Between Land Litigation and Land Use Controversies

Frequently, land litigation—land boundary and ownership claims - is a controversy concerning the use of land. The recent case of Hedgepeth v. Parker’s Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d...more

Court Affirmed Judgment On Breach Of Fiduciary Duty Claim Because Plaintiff Swore In Bankruptcy Filings That He Did Not Have Any...

by Winstead PC on

In Archer v. Allison, a plaintiff sued his daughter and her husband for breaching fiduciary duties and other related causes of action related to their work in certain businesses. No. 07-14-003130CV, 2015 Tex. App. LEXIS 12361...more

Motion To Transfer Is Denied Both As A Sanction And On The Merits

by Morris James LLP on

AT&T Intellectual Property I, L.P., et al. v. Cox Communications, Inc., et al., C.A. No. 14-1106 - GMS, July 9, 2015 Sleet, J. Defendants’ motion to transfer venue to the Northern district of Georgia is denied....more

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

by Butler Snow LLP on

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

ERISA: 6th Circuit — Failing to Disclose Disability Claim in Bankruptcy NOT Fatal to Disability Lawsuit

What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate? Is he judicially estopped from bringing the lawsuit alleging wrongful...more

Application Of The Judicial Estoppel Doctrine In Florida, Georgia, And Federal Courts

by Carlton Fields on

Florida’s Use of Judicial Estoppel - Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation. Salcedo v. Asociacion...more

Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law  [Video]

by Bloomberg Law on

Oct. 24 (Bloomberg) -- Detroit's municipal bankruptcy is reason Congress should consider amending Chapter 9 governing municipal debt adjustment, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill...more

Is “Inadvertence” a Good Excuse When a Debtor Fails to List a Pending Lawsuit Among the Bankruptcy Estate Assets? Maybe So.

by Bond Schoeneck & King PLLC on

Earlier this year, the Ninth Circuit issued an opinion that caused a stir among bankruptcy law aficionados. In Ah Quin v. County of Kauai DOT, the Ninth Circuit court was faced with a bankruptcy debtor who failed to list her...more

(Plaintiff's) Paradise Found? Ninth Circuit Allows Title VII Claim, Omitted in Bankruptcy Petition, To Proceed

by Stoel Rives LLP on

“Bankruptcy?” you ask. “Why are employment lawyers talking about bankruptcy?” Well, in fact, there are times when bankruptcy can provide a defense to employment discrimination claims. It involves a principle known as...more

Monsanto Avoids Declaratory Judgment Action Brought by Organic Farmers

by Foley & Lardner LLP on

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from...more

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

by BakerHostetler on

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

by Low, Ball & Lynch on

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and...more

Preserving a UM/UIM Carrier’s Right to Defend

by Sands Anderson PC on

In its recent decision in Transportation Ins. Co. v. Womack, the Virginia Supreme Court held that uninsured/under-insured motorist (UM/UIM) carriers who cede control over litigation to a defendant or his liability carrier...more

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