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Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt
  • Burr & Forman LLP
  • USA
  • August 23 2017

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In

Can Claim Construction Arguments Impact Later Proceedings Due to Issue Preclusion or Judicial Estoppel?
  • Baker Botts LLP
  • USA
  • September 2 2016

In July, the Federal Circuit decided SkyHawke Technologies, LLC v. Deca International Corp.,1 finding that a patentee who prevails in an inter partes

Judicial estoppel trumps judicial precedent
  • Locke Lord LLP
  • USA
  • February 27 2013

The recent case by the United States Fifth Circuit of Appeals, Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, 2013 WL 539011 (5th Cir. Feb

Judicial estoppel bars flip-flop within the same case as to ownership of patents
  • McDermott Will & Emery
  • USA
  • July 31 2012

Relying on the doctrine of judicial estoppel in determining the real party in interest, the U.S. Court of Appeals for the Second Circuit found that Intellivision’s founders improperly attempted to insert themselves into the litigation at the eleventh hour

Chevron suit proceeds: Ecuador plaintiffs' judicial estoppel motion rejected
  • Dechert LLP
  • Ecuador
  • September 8 2011

A New York federal court ruled last week that Chevron could continue to pursue its effort to overturn a questionable $18 billion judgment against the company in Ecuadorean court

Lauren Reynolds
  • Burr & Forman LLP