· 4/4/2003
Hall v. GE Plastic Pacific PTE Ltd.
Citations
- 327 F.3d 391
- 2003 WL 1747764
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the judicial acceptance requirement could be met if a party makes an argument “with an explicit intent to induce the district court’s reliance. . .regardless of whether that party prevails”
- noting that judicial estoppel is an equitable doctrine, and the decision whether to invoke it is within the court’s discretion
- applying two-factor test to judicial estoppel determination in non-bankruptcy case, namely, (a) whether position was clearly inconsistent, and (b) whether court was convinced to accept such position
- applying estoppel because the plaintiff first argued that one defendant was the manufacturer of the product at issue and then later argued a different defendant was the manufacturer
- explaining the doctrine of judicial estoppel applies to more than just sworn statements of a party and has never held that the doctrine applies only to a party’s sworn statements
- “To determine whether an issue is substantive or procedural, this Court must consider the ‘twin aims’ of Erie.... ” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: DeMOSS, Jones, Wiener
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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