· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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