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Sixth Circuit· 3/12/2002

Browning v. Levy

Citations

  • 283 F.3d 761
  • 27 Employee Benefits Cas. (BNA) 1948
  • 2002 U.S. App. LEXIS 3768

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that \judicial estoppel is inappropriate in cases of conduct amounting to nothing more than mistake or inadvertence\
  • holding that res judicata can bar later litigation of reorganized debtors’ pre-existing legal claims
  • holding identity of causes of action element satisfied where “the claims arose out of the same core of operative facts”
  • noting significance, in deeming blanket reservation ineffective, that the plan “neither names [the defendant] nor states the factual basis for the reserved claims”
  • noting significance, in deeming blanket reservation ineffective, that the plan “neither names [the defendant] nor states the factual basis for the reserved claims”
  • declining to apply judicial estoppel where the plaintiff debtor would not receive a windfall as a result of its failure to disclose its claims, and thus lacked a motive for concealment

Source: CourtListener parenthetical corpus (CC0).

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Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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