· 5/21/1999
Ogden Martin Systems of Indianapolis, Inc. v. Whiting Corp.
Citations
- 179 F.3d 523
- 38 U.C.C. Rep. Serv. 2d (West) 699
- 1999 U.S. App. LEXIS 9977
- 1999 WL 330479
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that federal, not state, law gov- erns the doctrine even in diversity cases
- stating that the written instru- ment annexed to a pleading controls when a plaintiff pre- sents an inconsistent allegation
- holding judicial estoppel not applicable because party was advancing a position not clearly inconsistent with its prior position
- “Judicial estoppel serves “ ‘to protect the courts from being manipulated by chameleonic litigants who seek to prevail, twice, on opposite theories.’ ”
- predominant thrust of coating of screws was the service
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Ripple, Kanne
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.