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· 2/13/2013

Republic of Ecuador v. GSI Environmental, I

Citations

  • 708 F.3d 651
  • 2013 WL 539011

How courts have described this case

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

  • holding that party judicially estopped from arguing that a specific international tribunal was not subject to discovery statute, where party had repeatedly argued same tribunal was subject to same statute before other courts
  • noting that a § 1782 proceeding “addresses an interlocutory discovery application that is ancillary to a non-domestic proceeding,” and “‘adjudicates’ nothing else”
  • explaining that if previously obtained discovery orders were issued by 20 courts lacking subject matter jurisdiction, those orders “might well be void”
  • “Judicial estoppel is an equitable doctrine designed to protect the integrity of judicial proceedings by preventing litigants from asserting contradictory positions for tactical gain.”
  • “From the standpoint of equity, as most federal courts recognize, a change of legal position can be just as abusive of court processes and an opposing party as deliberate factual flip-flopping.”
  • applying judicial estoppel to prevent assertion of contradictory legal position

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Jones, Smith

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.