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Issue: What is the definition of judicial estoppel in the Fifth Circuit?
| Area of Law: | Litigation & Procedure |
| Keywords: | Judicial estoppel; Definition |
| Jurisdiction: | Fifth Circuit |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 02/01/2000 |
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. See Ergo 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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