Publication Title (Abbreviation)
The doctrine of judicial estoppel is not on some lawyers’ radar screens. That’s regrettable. Not anticipating application of the rule, a person may make a claim that can hurt him or her in the long run. Or, unaware of the rule, a party may fail to assert a potentially successful defense. Or, having only a very general awareness of the rule, an attorney may miss subtleties or forum variations that are the difference between winning and losing.
This article has three parts. Part I describes the doctrine of judicial estoppel, emphasizing its purposes. Part II explores the recent judicial estoppel decisions of the United States Supreme Court: Cleveland v. Policy Management Systems Corp. and New Hampshire v. Maine. Finally, Part III surveys the great variations that have existed in formulations of the doctrine.
© 2003 Steve R. Johnson
Steve R. Johnson,
The Doctrine of Judicial Estoppel, 11
Available at: http://ir.law.fsu.edu/articles/269