What is the doctrine of judicial estoppel in civil litigation?

The Doctrine of Judicial Estoppel is a concept in civil litigation law that is based on the principle of fairness. It is based on the idea that if a party takes one position in one legal proceeding and then a different position in another legal proceeding, they should not be allowed to benefit from that inconsistency. The Doctrine of Judicial Estoppel essentially prevents a party from asserting a claim or position in a legal proceeding that is inconsistent with a claim or position taken in a prior proceeding. In Oregon, the Oregon Court of Appeals has adopted the Doctrine of Judicial Estoppel and held that it can be used to prevent a party from taking a particular position in a new legal proceeding if that position is contradictory to a position previously taken in a prior legal proceeding. The court determined that the application of the doctrine was appropriate in certain circumstances since the party was attempting to take advantage of an inconsistency in their legal position. The Doctrine of Judicial Estoppel has also been recognized in Oregon by the Supreme Court, which held that it is appropriate to apply the doctrine in order to prevent a party from pursuing inconsistent legal claims. The court noted that the doctrine should be applied cautiously to ensure that it is not abused. However, the court also noted that the application of the doctrine is justifiable when one party is taking advantage of a previously taken inconsistent legal position.

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What is the doctrine of judicial estoppel in civil litigation?

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