Robert DeRosa v. National Envelope Corporation

How courts have described this case

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

• holding that the plaintiffs factual statements about what he could and could not do on his SSDI application did not contradict his assertion in a lawsuit that he could work with a reasonable accommodation
• noting that judicial estoppel typically applies if, inter alia, “a party’s 43 later position is clearly inconsistent with its earlier position” (internal quotation marks omitted)
• finding that remand is unnecessary where there is no reasonable likelihood that remand will change the ALJ’s determination
• heeding that “[t]ypically, judicial estoppel will apply if” these factors are present
• “[L]imit[ing] judicial estoppel to situations where the risk of inconsistent results with its impact on judicial integrity is certain.” (internal quotation marks and citation omitted)
• explaining judicial estoppel requires showing (1) party's position is \clearly inconsistent\ with its earlier position, (2) former position \has been adopted in some way\ in prior court proceeding, and (3

Source: CourtListener parenthetical corpus (CC0).