Issue: What is the definition of judicial estoppel in the Fifth Circuit?
Area of Law:
Litigation & Procedure
Judicial estoppel; Definition
Judicial estoppel prevents a party from asserting a position in a legal proceeding that is contrary to a position previously taken in the same proceeding. SeeErgo Science, Inc. v. Martin, 73 F.3d 595, 598 (5th Cir. 1996). Judicial estoppel applies as a matter of federal procedure, entitling federal judges to rely on "statements made by counsel in open court relinquishing a specific claim." Id.
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