Eagan v. Calhoun

How courts have described this case

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

• addressing \estoppel by admission” and stating: \Generally speaking, a party will not be permitted to maintain inconsistent positions or to take a position in regard to a matter which is directly contrary to, or inconsistent with, one previously assumed by him....”
• party who conceded in affidavit that he had committed an intentional act would not be permitted to take a contrary position in the same case
• Court of Appeals imposed bar of judicial estoppel based upon evidence in the record of case that had been fully litigated
• In prior cases, “we essentially adopted the view ... that, although the doctrine was useful within the bounds of a normal parent-child relationship, it had no rational justification where the foundation did not exist”
• “Generally speaking, a party will not be permitted to maintain inconsistent positions ...’’
• a wrongful death action allows “a spouse, parent, or child, or a secondary beneficiary who was wholly dependent on the decedent, to recover damages for his or her own loss accruing from the decedent’s death.”

Source: CourtListener parenthetical corpus (CC0).