City of Gillette v. Hladky Const., Inc.

How courts have described this case

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

• holding judicial estoppel did not apply to inconsistent positions about whether a contract applied
• explaining that in determining whether breach occurred, one “focus[es] on the conduct alleged as constituting the breach within the context of the contract language, the parties’ course of conduct[,] and industry standards”
• explaining that in determining whether breach occurred, one “focus[es] on the conduct alleged as constituting the breach within the context of the contract language, the parties’ course of conduct[,] and industry standards”
• \Judicial estop-pel bars only the changing of position in regard to facts; it does not apply to legal conclusions based upon facts.\
• order inviting comments from the parties

Source: CourtListener parenthetical corpus (CC0).