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The Doctrine of Judicial Estoppel—Alive, Well, Expanding, and Still Devastating

Mainbrace

The Doctrine of Judicial Estoppel—Alive, Well, Expanding, and Still Devastating

The doctrine of "judicial estoppel" is alive and fully applicable to maritime personal injury claims. In fact, recent case law suggests that the doctrine is expanding somewhat. Judicial estoppel can have a devastating effect on a plaintiff's damages calculation and can sometimes be a complete bar to a lawsuit, leaving a longshoreman or Jones Act seaman with little more than an order of dismissal in their pocket. (View PDF to read the rest of this article)

This article by Jeffrey S. Moller, partner at Blank Rome, and James J. Quinlan, associate, is one in a series of articles written for Blank Rome Maritime's quarterly Mainbrace newsletter.  To view the other articles in the July 2012 edition of Mainbrace, please click here.