In re Michelle Dougherty-Kelsay

How courts have described this case

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

• barring assignment under doctrine of judicial estoppel where assignee was adverse party in underlying action and took inconsistent positions
• applying the holding in Meyer, court stated that “judicial estoppel would not bar Cusick [the defendant in the underlying case] from suing his attorney for malpractice in connection with his defense”
• judicial estoppel precludes party from \asserting a position inconsistent with a position previously and successfully asserted\ [emphasis supplied]
• court was “concerned solely with the litigation presently before [it],” which did not present a question as to who was the real party in interest
• first element of judicial estoppel is direct inconsistency, i.e., mutual exclusivity, of prior and current positions
• \Application of the equitable principle of judicial estoppel to a particular case is a matter of discretion\

Source: CourtListener parenthetical corpus (CC0).