172 N.C. App. 582 - Harvey v. McLaughlin’s Empirical Analysis
2005
Citation profile
8
cited by 8 later decisions
1
states following
July 2015
most recently cited
8 state decisions
Relationships
Relies on Whitacre Partnership v. Biosignia, Inc. · 119 N.C. App. 767 - Medicare Rentals, Inc. v. Advanced Services
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, a party’s subsequent position must be clearly inconsistent with its earlier position. Second, courts regularly inquire whether the party has succeeded in persuading a court to accept that party’s earlier position, so that judicial acceptance of an inconsistent position in a later proceeding might pose a threat to judicial integrity by leading to inconsistent court determinations or the perception that either the first or the second court was misled. Third, courts consider whether the party seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped.”
1 later decision quote this exact passage“[j]udicial estoppel is an equitable, gap-filling doctrine that provides courts with a means to protect the integrity of judicial proceedings from individuals who would play fast and loose with the judicial system.”
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.