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Defendant was not judicially estopped from contending that a later "forbearance agreement" fully released him from obligations under an earlier "settlement agreement." In other litigation, defendant had referred to the the "forbearance agreement" as being "brief"--which could have meant short in words, not time, but in any event there was no evidence that the court in the other case had… Read More
This decision affirms dismissal of plaintiff's complaint on judicial estoppel grounds. In prior litigation over the same award of rights to assign .africa URLs, plaintiff took the position before an international arbitration panel that plaintiff could not sue in court over the award. That position was completely inconsistent with its current assertion of the right to sue in court over… Read More
Judicial estoppel forbids a defendant from asserting that a court lacked authority to impose monetary sanctions when, in an earlier suit, the defendant successfully argued that the court should have entered monetary sanctions rather than terminating sanctions. Read More
