Defenses and Affirmative Defenses
Procedural Defenses
Judicial estoppel prevents a party from taking a position inconsistent with one previously adopted where a court accepted the earlier position. It protects the integrity of judicial proceedings rather than any party's reliance.
The prior position generally must have been accepted.
Alternative Names:
Estoppel Against Inconsistent Positions, Preclusion of Inconsistent Positions
Why it Matters?
Bankruptcy nondisclosure is the most productive application, since a plaintiff who failed to schedule a pending or contemplated claim as an asset while obtaining a discharge has taken a position inconsistent with pursuing it. Courts have applied estoppel to bar such claims entirely. Searching bankruptcy filings for any plaintiff asserting substantial damages is a routine check that occasionally produces a complete defense.
Frequently Confused with
Related terms
Frequently asked questions
What is the most productive application?
Must the prior position have succeeded?
