Topic
Judicial Estoppel
81 published works
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…
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…
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…
New York Attorney Malpractice Blog
Judicial Estoppel in Effect If Not In Name
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…
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…
New York Attorney Malpractice Blog
Unwanted Guardianship and Judicial Estoppel
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…
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…
Legal Profession Blog
Position Change Is “Sound Trial Strategy”
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…
New York Attorney Malpractice Blog
Lacking Standing Two Different Ways
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…
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
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)…