Cothran v. Brown

How courts have described this case

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

• holding that for the doctrine of judicial estoppel to apply, the party taking the position must have been successful in maintaining a previous position and have received some benefit from it
• noting that a party cannot take inconsistent positions in an attempt to create a sham issue of material fact
• stating that South Carolina has adopted the doctrine of judicial estoppel as it relates to matters of fact, not law
• setting forth six considerations a court may use to determine if a post-deposition affidavit is a \sham affidavit\
• setting forth six considerations a court may use to determine if a post-deposition affidavit is a “sham affidavit”
• discussing the rule in a civil wrongful-death action in which a party submitted an affidavit conflicting with prior trial testimony

Source: CourtListener parenthetical corpus (CC0).