· 1/24/1930
Elsas v. Montgomery Elevator Co.
Citations
- 38 F.2d 303
- 1930 U.S. Dist. LEXIS 1861
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[t]he greater weight of federal authority . . . supports the position that judicial estoppel applies to a party’s stated . . . legal assertion”
- explaining that the plaintiff waived their challenge to defendant’s discovery objection by failing to bring a motion to compel
- explaining that the plaintiff waived their challenge to defendant’s discovery objection by failing to bring a motion to compel
- stating in an analogous Ninth Circuit case that, without a contract between the defendant-attorney and his client, which creates the lawyer’s duty, the third-party plaintiffs would have no legal malpractice claim
- \Courts have extended the right to sue for breach of contract to intended third-party beneficiaries.\
- failure to obtain information was plaintiffs’ fault when they did not challenge the 3 assertion of privilege or bring a motion to compel production
Source: CourtListener parenthetical corpus (CC0).
Judges: Reeyes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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