Document Type

Article

Publication Date

12-2003

Publication Title

Nevada Lawyer

Publication Title (Abbreviation)

Nev. Law.

Volume

11

Issue

12

First Page

8

Last Page

12

Abstract

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.

Rights

© 2003 Steve R. Johnson

Comments

First published in Nevada Lawyer.

Faculty Biography

http://www.law.fsu.edu/our-faculty/profiles/johnson

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