Rodriguez v. La Mesilla Construction Co.’s Empirical Analysis
1997
Citation profile
14 state decisions
Relationships
Relies on Levario v. Ysidro Villareal Labor Agency · Vigil v. Thriftway Marketing Corp. · Medina v. Berg Construction, Inc. · Johnson v. Aztec Well Servicing Co. · Johnson v. Aztec Well Servicing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[tjhree elements must be addressed for a party to prevail under the doctrine of judicial estoppel. First, the party against whom the doctrine is to be used must have successfully assumed a position during the course of litigation. Second, that first position must be necessarily inconsistent with the position the party takes later in the proceedings. Finally, while not an absolute requirement, judicial estoppel will be especially applicable when the party’s change of position prejudices a party who had acquiesced in the former position.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.