In the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, judicial estoppel (also known as estoppel by inconsistent positions) is an

estoppel Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particul ...

that precludes a

party A party is a gathering of people who have been invited by a Hospitality, host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will oft ...

from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Although, in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, it is only a part of

and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it.

In U.S. case law

Judicial estoppel is a doctrine that may apply in matters involving closed bankruptcies, wherein the former debtor attempts to lay claim to an asset that was not disclosed on the bankruptcy schedules. In an early U.S. articulation of the doctrine, the United States Supreme Court, i
''First National Bank of Jacksboro v. Lasater'', 196 U.S. 115 (1905)
held at 119: The principle was used in 2001 by a unanimous U.S. Supreme Court in the

Piscataqua River border dispute The Piscataqua River border dispute was a dispute between the United States, US U.S. state, states of Maine and New Hampshire over ownership of Seavey's Island in the Piscataqua River, which forms the border between Maine and New Hampshire. The di ...

, in which New Hampshire argued that the Portsmouth Naval Shipyard was in New Hampshire after having previously joined a

consent decree A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case). Most often it is such a type of settlement in the United States. The ...

that agreed on a border that would put it in Maine.

External links

Judicial Estoppel and Inconsistent Positions of Law Applied to Fact and Pure Law, Kira A. Davis, Cornell Law Review Vol. 89
{{DEFAULTSORT:Judicial Estoppel Legal procedure Equitable defenses Estoppel Common law legal terminology Judicial legal terminology American legal terminology

In U.S. case law

See also

External links