Civil practice – Judicial estoppel
Where a defendant, which allegedly owes the plaintiff unpaid commissions, has moved for partial summary judgment based on alleged admissions the plaintiff made in a prior Probate & Family Court...
View ArticleJudicial estoppel claim by employer is rejected
An employer could not rely on the doctrine of judicial estoppel to dismiss a lawsuit over unpaid commissions since an undeserved and unfair judgment against the plaintiff employee could result, a...
View ArticlePatent and trademark – Temperature detector – Judicial estoppel
Where a defendant in a patent infringement suit has moved for summary judgment on the ground that the plaintiff’s patent is invalid, the obviousness doctrine does not apply, so the motion must be...
View ArticleMortgages – Validity – Judicial estoppel
Where a judge found a plaintiff to be judicially estopped from challenging the validity of a mortgage, that ruling must be reversed because the challenge is not precluded either by representations the...
View ArticleJurisdiction – Personal – Judicial estoppel
Where a defendant bank has moved for a transfer to the U.S. District Court for the District of Columbia, the motion should be denied based on a lack of personal jurisdiction despite the defendant’s...
View ArticleCivil practice – Judicial estoppel
Where a defendant, having filed counterclaims for commercial disparagement, Lanham Act violations and defamation, now moves for summary judgment on judicial estoppel grounds, the motion must be denied,...
View ArticleMortgages – Judicial estoppel
Where petitioners have challenged the validity of a 2012 mortgage foreclosure, the petition must be dismissed because of the petitioners’ failure to raise the validity issue in the course of their...
View ArticleBankruptcy – Judicial estoppel
Where a Chapter 13 debtor’s mother has claimed a nonpriority unsecured interest in his residence in the amount of $154,690.84, the debtor should be awarded summary judgment based on the doctrine of...
View ArticleReal property – Easement – Judicial estoppel
Where a plaintiff trust has claimed a prescriptive easement over a neighboring lot, the defendant neighbors must be awarded summary judgment based on a contrary position taken by the plaintiff in prior...
View ArticleBankruptcy – Judicial estoppel
Where a plaintiff corporation has brought suit against a former employee alleging breach of fiduciary duty and other related claims, the employee is not entitled to summary judgment under the doctrine...
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