In re Kane’s Empirical Analysis

628 F.3d 631 · 2010

Citation profile

cited by 36 later decisions

states following

May 2019

most recently cited

7 federal appellate · 5 district · 2 state decisions

Relationships

Applies 11 U.S.C. § 341 · 11 U.S.C. § 362 · 11 U.S.C. § 521 · 11 U.S.C. § 541 · 11 U.S.C. § 554 · 11 U.S.C. § 704 · 11 U.S.C. § 727 · 28 U.S.C. § 158

Relies on Butner v. United States · State of New Hampshire v. State of Maine · United States v. Whiting Pools, Inc. · Scarano v. Central R. Co. of New Jersey · United States v. Perez

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“First, the party to be estopped must have taken two positions that are irreconcilably inconsistent. Second, judicial estoppel is unwarranted unless the party changed his or her position “in bad faith — i.e., with intent to play fast and loose with the court.” Finally, a district court may not employ judicial estoppel unless it is “tailored to address the harm identified” and no lesser sanction would adequately remedy the damage done by the litigant’s misconduct.”
9 later decisions quote this exact passage · from the majority
e.g. N. Sound Capital LLC v. Merck & Co. · Jeffrey J. Prosser v.
“[T]he basic principle of judicial estoppel. . . is that absent any good explanation, a party should not be allowed to gain an advantage by litigation on one theory, and then seek an inconsistent advantage by pursuing an incompatible theory.”
2 later decisions quote this exact passage · from the majority
e.g. Yellow Pages Photos, Inc. v. Dex Media, Inc. (In re Dex Media, Inc.) · Singer Management Consultants, Inc. v. Milgram
“Judicial estoppel is a fact-specific, equitable doctrine, applied at courts' discretion.”
2 later decisions quote this exact passage · from the majority
e.g. N. Sound Capital LLC v. Merck & Co. · Yellow Pages Photos, Inc. v. Dex Media, Inc. (In re Dex Media, Inc.)

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.