Judicial estoppel is a doctrine that penalizes a litigant who takes one position in one lawsuit and a contrary position in another lawsuit. In other words, the litigant’s position shifts based on the litigant’s interests in a particular case. Kershaw v. Levy, Tennessee Court of Appeals, No. M2017-01129-COA-R3-CV., is a divorce…
In divorce cases that settle, the judge will hold a prove-up hearing. During that hearing, the parties are asked questions about the Marital Settlement Agreement. If a litigant testifies that the settlement was fair and appropriate, can he later sue his lawyer for “coercing” him into settling the case? The…
GROCHOCINSKI v. MAYER BROWN ROWE & MAW, LLP, Court of Appeals, 7th Circuit 2013 – Google Scholar. The Seventh Circuit has affirmed the dismissal of this legal malpractice case filed by a bankruptcy trustee against Mayer Brown Rowe and Maw. This case has garnered some attention in the legal ethics…