Bradford v. Wiggins’s Empirical Analysis
516 F.3d 1189 · 2008
Citation profile
8 federal appellate · 6 district ·
How this case has been cited
Cited by 19 later decisions — most recently April 2024
8 federal appellate · 6 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Terry v. Ohio · Duncan v. Walker · SAUCIER v. KATZ Et Al. · Florida v. Bostick · United States v. Place
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, a party’s later position must be clearly inconsistent with its earlier position. Moreover, the position to be es-topped must generally be one of fact rather than of law or legal theory. Second, 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 would create the perception that either the first or the second court was misled. The requirement that a previous court has accepted the prior inconsistent factual position ensures that judicial estoppel is applied in the narrowest of circumstances. Third, 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 es-topped.”
3 later decisions quote this exact passage · from the majority“Applying judicial estoppel both narrowly and cautiously, as we must, we do not hold it to be dispositive that the [plaintiffs] simply entered a no contest plea. Sometimes a civil action following a plea is justified, most commonly when a party’s previous position was based on a mistake. However, though the plea itself is not dispositive, we hold that the [plaintiffs’] plea and their plea hearing statements that they refused the officers’ requests to leave are sufficient to justify judicial estoppel in this case.”
1 later decision quote this exact passage · from the majoritye.g. Havens v. Johnson“A court abuses its discretion only 'when it makes a clear error of judgment, exceeds the bounds of permissible choice, or when its decision is arbitrary, capricious or whimsical, or results in a manifestly unreasonable judgment.'”
1 later decision quote this exact passage · from the majority
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.