Judicial Estoppel Law and Legal Definition

Judicial estoppel is “an equitable doctrine designed to protect the integrity of the judicial system and prohibits a litigant from taking inconsistent positions in litigation according to the exigencies of the moment. In the Eleventh Circuit, courts consider two factors in the application of judicial estoppel to a particular case--(1) whether the allegedly inconsistent positions were made under oath in a prior proceeding, and (2) whether such inconsistencies were calculated to make a mockery of the judicial system.” Kipperman v. Onex Corp., 411 B.R. 805 (N.D. Ga. 2009)