The IT Law Wiki

Judicial estoppel

32,296pages on
this wiki
Add New Page
Talk0 Share

Definition Edit

Judicial estoppel acts to preclude a party from asserting a position inconsistent with a position previously taken. taken in the same or earlier legal proceeding. The doctrine is meant to protect the integrity of the judicial proceedings.[1]

Discussion Edit

The determination of judicial estoppel is a question of law and is reviewed de novo.[2]

The primary determination made by the court turns on whether a party is attempting to “establish an inconsistent or different cause of action arising out of the same occurrence.”[3] However, judicial estoppel also prevents a litigant from advancing an argument that contradicts a position previously taken that the court was persuaded to accept as the basis for its ruling.[4]

The doctrine is not appropriate in all situations; parties raise many issues throughout a lengthy litigation, and only those arguments that persuade the court can form the basis for judicial estoppel. “[J]udicial estoppel operates only where the litigant’s contradicts another position that the litigant previously took and that the Court was successfully induced to adopt in a judicial ruling.”[5]

References Edit

  1. State v. Chao, 2006 WL 2788180 at *9 (Del. Super. Sep. 25, 2006) (citing Pesta v. Warren, 2004 WL 1282214, at *1 (Del. Super. May 24, 2004)).
  2. B.F. Fish & Co. v. Gray, 933 A.2d 1231, 1241 (Del. 2007)(full-text); Chao, 2006 WL 2788180, at *1.
  3. Chao, 2006 WL 2788180 at *9 (citing Kesterson v. American Cas. Co., 1988 WL 90497, at *3 (Del. Super. Aug. 15, 1988)).
  4. Siegman v. Palomar Med. Techs., Inc., 1998 WL 409352, at *3 (Del. Ch. July 13, 1998).
  5. Id. at *3 (emphasis in original).

Ad blocker interference detected!

Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Also on Fandom

Random Wiki