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Summary Judgment Judicial Estoppel

Patterson Belknap Webb & Tyler LLP

Defendant’s Unsuccessful About-Face Results in $5 Million Judgment

Litigants arguing that their adversary should be judicially estopped from pursing a particular position in litigation face a relatively high burden to invoke the doctrine successfully.  Two recent decisions from Justice...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2020 #3

PATENT CASE OF THE WEEK - Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) - In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more

Farrell Fritz, P.C.

A Prior Inconsistent Statement Is Not Necessarily Your Road to Judicial Estoppel

Farrell Fritz, P.C. on

You have been engaged in extensive motion practice in the Supreme Court of the State of New York. You learn that your adversary, it appears, has taken a position contrary to the one taken in a prior proceeding. These...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

Perkins Coie

Debtor’s Failure to Disclose No Longer Deadly in Eleventh Circuit

Perkins Coie on

Employers and other defendants suffered a setback recently. Most large companies have been sued by an employee who failed to disclose the lawsuit or cause of action in their individual bankruptcy case. For many years, the...more

Best Best & Krieger LLP

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

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

Pillsbury - Gravel2Gavel Construction & Real...

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

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