What is the doctrine of judicial estoppel in civil litigation?

The doctrine of judicial estoppel is a legal principle in civil litigation law that prevents someone from asserting inconsistent positions in a legal proceeding. In other words, a person can’t take one position in court and a different position in a later proceeding. This principle is widely used in Alaska and other states. In Alaska, the doctrine of judicial estoppel applies when a party changes an argument or position that they advanced in a previous legal proceeding. It prevents a party from asserting a legal position that contradicts what they said or did in a prior legal proceeding. Essentially, it prevents someone from making an argument in court that is different from what they argued in a previous legal case. Judicial estoppel can be used to prevent a party from making arguments that are inconsistent with their prior position. For instance, imagine a plaintiff in a civil case who claims that the defendant was negligent in causing an injury. If the same plaintiff later argued in court that the defendant was not negligent, judicial estoppel could be applied to prevent the plaintiff from changing their position. In summary, judicial estoppel is a legal doctrine that prevents a party from taking inconsistent positions in a legal proceeding. In Alaska, it applies when a party changes their argument or position from a prior legal proceeding. The principle prevents a party from changing their argument and making a case that conflicts with their prior position.

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