Lowery v. Stovall’s Empirical Analysis
92 F.3d 219 · 1996
Citation profile
32 federal appellate · 19 district · 19 state decisions
How this case has been cited
Cited by 152 later decisions (1 by the Supreme Court) — most recently June 2026 · most notably State of New Hampshire v. State of Maine (2001), Whitacre Partnership v. Biosignia, Inc. (2004)
32 federal appellate · 19 district · 19 state decisions — followed in 10 states
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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Graham v. Connor · Tennessee v. Garner · Maurice Sporting Goods, Inc. v. Maxway Corp. · Edwards v. Aetna Life Insurance
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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“intentionally misled the court to gain unfair advantage.”
29 later decisions quote this exact passage · from the majority“"the circumstances under which judicial es-toppel may appropriately be invoked are probably not reducible to any general formulation of principle,” [] several factors typically inform the decision whether to apply the doctrine in a particular case: First, a party’s later 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 would create "the perception that either the first or the second court was misled[.]” Absent success in a prior proceeding, a party's later inconsistent position introduces "no risk of inconsistent court determinations,” and thus poses little threat to judicial integrity. A third consideration is 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.”
3 later decisions quote this exact passage · from the majority“Judicial estoppel precludes a party from adopting a position that is inconsistent with a stance taken in prior litigation. The purpose of the doctrine is to prevent a party from playing fast and loose with the courts, and to protect the essential integrity of the judicial process.”
3 later decisions 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.