Legal Memorandum: Definition of Judicial Estoppel

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. 


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)