News & Analysis as of

Judicial Estoppel Commercial Bankruptcy

Hinshaw & Culbertson LLP

FDCPA Claims Dismissed As a Result of Plaintiff's Bad Faith Bankruptcy Conduct

In Vedernikov v. Atl. Credit & Fin., Inc., (Vedernikov I), the U.S. District Court of New Jersey granted the defendant Midland Funding's motion to dismiss, which successfully argued the plaintiff should be estopped from...more

Butler Snow LLP

Is Judicial Estoppel Dead?

Butler Snow LLP on

Simply put, judicial estoppel is an equitable doctrine that is intended to prevent a party from deliberately taking inconsistent positions under oath in separate proceedings and thus making a mockery of the judicial system. ...more

Fox Rothschild LLP

Mockery Of Judicial System Determinations: Eleventh Circuit Confirms “Facts And Circumstances” Test

Fox Rothschild LLP on

The Eleventh Circuit recently held that when determining whether a plaintiff’s inconsistent statements are intended to make a mockery of the judicial system, a court must evaluate all facts and circumstances of the case...more

Pullman & Comley, LLC

Appellate Court Notes

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

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