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Ninth Circuit· 1/9/1990

Louis Eugene Russell v. Tom Rolfs, Superintendent

Citations

  • 893 F.2d 1033
  • 1990 U.S. App. LEXIS 182
  • 1990 WL 849

How courts have described this case

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

  • applying judicial estoppel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
  • applying judicial estop- pel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
  • applying judicial estop- pel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
  • state prohibited from arguing that criminal defendant’s appellate petition is procedurally barred in state court after successfully arguing in district court that defendant had an adequate state remedy
  • judicial estoppel bars a party from making a factual assertion in a legal proceeding \which directly contradicts an earlier assertion made in the same proceeding or a prior one\
  • judicial estoppel “protect[s] against a litigant playing ‘fast and loose with the courts’” (quoting Religious Tech. Ctr. v. Scott, 869 F.2d 1306, 1311 (9th Cir. 1989) (Hall, J., dissenting))

Source: CourtListener parenthetical corpus (CC0).

Judges: Kozinski, Reinhardt, Trott

Read full opinion on CourtListener

Sourced 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.