· 8/29/1996
Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, Inclusive
Citations
- 94 F.3d 597
- 96 Daily Journal DAR 10597
- 96 Cal. Daily Op. Serv. 6439
- 61 Cal. Comp. Cases 833
- 153 L.R.R.M. (BNA) 2111
- 1996 U.S. App. LEXIS 22691
- 69 Empl. Prac. Dec. (CCH) 44,460
- 71 Fair Empl. Prac. Cas. (BNA) 1057
- 1996 WL 490350
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a favorable settlement is the equivalent of winning a judgment for the purposes of judicial estoppel
- holding that a plaintiff was judicially estopped from asserting claims based on her ability to work where she had previously received a favorable Workers’ Compensation settlement based on assertions that she was unable to work
- explaining that “the interests of the second court are uniquely implicated and threatened by the taking of an incompatible position”
- noting that estoppel is an 6 “equitable doctrine invoked by a court at its direction”
- noting that the doctrine of judicial estoppel “precludes a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position.”
- finding that the plaintiff could not 27 4Cipriani filed the counterclaim in the state court case initiated by Alexander and 28 his son on June 24, 2022 (ECF No. 59-4 at 2, 14), over a year before he initially filed this case (ECF No. 1 (filed October 9, 2023)
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson, Kleinfeld, Wilson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.