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Judicial Estoppel

81 published works

  1. Bankruptcy Law Blog

    Property Acquired after Bankruptcy Filing

    By Jordan Couch

    Generally, your bankruptcy estate consists only of the property you owned on the date of the filing of your bankruptcy case. But certain property that you acquire after filing for bankruptcy…

  2. Missouri Lawyers Media

    SCOTUS News: Justices revive PI claim omitted from plaintiff’s bankruptcy

    By Staff Report

    Listen to this article Summary Supreme Court reverses 5th Circuit’s narrow judicial estoppel test Thomas Keathley omitted personal injury claim in Chapter 13 bankruptcy Justice Ketanji Brown Jackson authors majority…

  3. Georgia Bankruptcy Blog

    US Supreme Court Rules on Judicial Estoppel in Chapter 13 Bankruptcy Case

    By Scott Riddle

    Make sure you are disclosing ALL property, including any personal injury or other claims you might have against any other party. That includes disclosing it after your Bankruptcy case is…

  4. New York Attorney Malpractice Blog

    Judicial Estoppel in Effect If Not In Name

    By Andrew Lavoott Bluestone

    Judicial estoppel is an equitable doctrine which prevents a litigant from taking a position which is inconsistent with the position it previously took in earlier litigation. Another phrase might be…

  5. Zalma on Insurance

    Disbarred Criminal Lawyer Was Unable to Fool Bankruptcy Court

    By Barry Zalma

    Bankruptcy Court Rules Against Lawyer-Felon Over Title to Real Property Post 5046 See the full video at  https://rumble.com/v6rwykj-disbarred-criminal-lawyer-was-unable-to-fool-bankruptcy-court.html  and at https://youtu.be/VuKOHkdXRQI The litigation in the US Bankruptcy Court involved a…

  6. New York Attorney Malpractice Blog

    Unwanted Guardianship and Judicial Estoppel

    By Andrew Lavoott Bluestone

    In a short but sweet explanation, the First Department explains why a client can blame the attorney after following the attorney’s advice and taking a particular position in Ingram Yuzek…

  7. Commercial Case Notes

    Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument

    By John Lundin

    On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff…

  8. Legal Profession Blog

    Position Change Is “Sound Trial Strategy”

    By Michael Frisch

    Judicial estoppel cannot be invoked to preclude a plaintiff from disclaiming that a settling joint tortfeasor was negligent in an action against the remaining defendants, according to a decision of…

  9. New York Attorney Malpractice Blog

    Lacking Standing Two Different Ways

    By Andrew Lavoott Bluestone

    Privity of Contract is a doctrine which applies to legal malpractice representations even while it withers as a general principle in product liability cases and elsewhere.  Loss of standing in…

  10. CALIFORNIA ATTORNEY'S FEES

    Fee Clause Interpretation, Reasonableness Of Fees: Attorney Awarded Prior Frivolous Appeal Sanctions Denied “Second Bite” Request For Civil Code § 1717 Additional Fees Based On Prior Representations Made To Court Of Appeal On Reasonableness Of Work

    By Marc Alexander

    Also, Fee Clause With “Incurred” Language Means That Fees Did Need To Be Incurred. The result in Korff v. Goodrich, Case No. A160917 (1st Dist., Div. 2 Oct. 27, 2021)…