What is the doctrine of judicial estoppel in civil litigation?

Judicial estoppel is a legal doctrine that applies to civil litigation in New York State. It is a rule that prevents a litigant from taking a position in court that is contrary to their previous argument in a prior case or action. The purpose of the doctrine is to discourage litigants from making inconsistent statements or engaging in gamesmanship with the court system. In New York, the doctrine of judicial estoppel uses a two-part test to determine if a litigant is barred from changing their position. The first part of the test requires a litigant to show that they have previously stated a position in a prior case that is clearly inconsistent with their current position. The second part of the test requires the litigant to show that the position they are attempting to take in the current case would create some sort of unfair advantage or inconsistency with their earlier position. If a litigant is found to have violated the doctrine of judicial estoppel, they may be prevented from advancing a certain argument in the current case, or they may be held responsible for any damages they have caused by changing their position. For example, if a litigant has claimed they are entitled to a certain benefit in a prior action, and then claims they are not entitled to that benefit in a current case, the court may not allow them to change their position.

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What is the doctrine of judicial estoppel in civil litigation?

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