We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results: 1-10 of 28

Fla. App. Court (4th DCA) Holds Trial Court Improperly Applied Federal Judicial Estoppel Rule to Undisclosed Assets in Bankruptcy
  • Maurice Wutscher LLP
  • USA
  • January 16 2018

The District Court of Appeal of the State of Florida, Fourth District, recently reversed a trial court's order denying two borrowers' request for

Eleventh Circuit Narrows Application of Judicial Estoppel
  • Burr & Forman LLP
  • USA
  • October 24 2017

The Eleventh Circuit has revisited the question of when a debtor may be judicially estopped from pursuing a civil lawsuit due to his or her failure to

11th Circuit Applies Totality-of-the-Circumstance Analysis to Judicial Estoppel
  • Troutman Sanders LLP
  • USA
  • September 29 2017

On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville

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

The Application of Judicial Estoppel in Insurance Claims
  • Drew Eckl & Farnham, LLP
  • USA
  • July 13 2017

Attorney Karen Karabinos discusses the application of judicial estoppel in insurance claims and the circumstances under which an insurer should

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