VEPCO v. Norfolk Southern Ry. Co.

How courts have described this case

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

• holding that a circuit court’s decision to strike a waiver defense short-circuited the fact-finding process
• observing that for judicial estoppel to apply, the court must have \ relied upon the prior inconsistent position in rendering [its] prior judgment or ruling\
• finding no abuse of discretion in trial court’s decision to grant prejudgment interest from the date that payment was due under the contract, despite the failure to send an invoice or to make a demand for payment
• “[J]udicial estoppel forbids parties from assuming successive positions in the course of a suit, or series of suits, in reference to the same fact or state of facts, which are inconsistent with each other, or mutually contradictory.”
• defining and distinguishing between latent and patent ambiguity
• identifying this principle as a \prerequisite\

Source: CourtListener parenthetical corpus (CC0).