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Judicial estoppel information


In the common law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it.

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Judicial estoppel

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In the common law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position in...

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Estoppel

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Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on...

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Collateral estoppel

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Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an...

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Estoppel in English law

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There are a huge array of different types of estoppel which can arise under English law. It has been judicially noted on more than one occasions that the...

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Res judicata

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res judicata and collateral estoppel relieve parties of the costs and vexation of multiple lawsuits, conserve judicial resources, and by preventing inconsistent...

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Bankruptcy

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securities Financial distress Individual voluntary arrangement Insolvency Judicial estoppel Liquidation Protected trust deed Sole Trader Insolvency (UK) Stalking...

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Direct estoppel

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direct estoppel prevents a party to  litigation from relitigating an issue that was decided against that party. Direct estoppel and collateral estoppel are...

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Piscataqua River border dispute

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that "judicial estoppel bars New Hampshire from asserting that the Piscataqua River boundary runs along the Maine shore". Under the judicial estoppel doctrine...

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David Bernhard

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holding judicial waiver of jail time in the lower courts is binding in appeals de novo in the circuit courts as a matter of judicial estoppel; finding...

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Acquisition of Twitter by Elon Musk

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that he can terminate the acquisition as per the legal doctrine of judicial estoppel. New York University's Center for Social Media and Politics executive...

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Culpa in contrahendo

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common law jurisdictions, there has been stulted judicial acceptance of this concept. The doctrine of estoppel has been mooted by academics as a good model...

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Portsmouth Naval Shipyard

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until the U.S. Supreme Court dismissed the case in 2001, asserting judicial estoppel. Had it been found to belong to New Hampshire, base employees (and...

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Tom Rapp

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of his politically-attuned music, his areas of expertise including judicial estoppel and finding constitutional grounds upon which to challenge corporate...

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Rock Advertising Ltd v MWB Business Exchange Centres Ltd

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UKSC 24 is a judicial decision of the Supreme Court of the United Kingdom relating to contract law, concerning consideration and estoppel. Specifically...

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Precedent

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example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High...

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Manual of The Mother Church

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Massachusetts Supreme Judicial Court upheld the Baker interpretation that the Board of Directors assumed jurisdiction over the estoppel clauses upon Eddy's...

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Ultra vires

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by shareholders, even if they wish it to be ratified. The doctrine of estoppel usually precluded reliance on the defense of ultra vires where the transaction...

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Entrapment

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overturned three of the four convictions based on the doctrine of entrapment by estoppel. (The fourth refused to state his address, at which point the committee...

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Constitution of the United States

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Marbury v. Madison, the second was Dred Scott. For instance, 'collateral estoppel' directs that when a litigant wins in a state court, they cannot sue in...

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Case law

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example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High...

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Obiter dictum

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yet this statement became the basis for the modern revival of promissory estoppel. Similarly, in Hedley Byrne & Co Ltd v Heller & Partners Ltd, the House...

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Sources of international law

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institutional relations between states. Nevertheless, the concepts of estoppel and equity have been employed in the adjudication of international disputes...

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Commonwealth v Verwayen

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Verwayen, also known as the Voyager case, is a leading case involving estoppel in Australia. Bernard Verwayen sued the Australian government for damages...

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Equitable remedy

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specific performance account of profits rescission rectification equitable estoppel certain proprietary remedies, such as constructive trusts subrogation in...

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