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Casualty Litigation Associate Kyle Heisner Explores the Defense's Use of Judicial Estoppel for The Legal Intelligencer's Personal Injury Supplement
In The Legal Intelliigencer's November 2014 Personal Injury Supplement, Casualty Litigation Associate Kyle M. Heisner examines the defense strategy and use of judicial estoppel in personal injury cases.
In the article, Mr. Heisner notes that judicial estoppel is "one of the most potent arguments available to a defense litigator" however it is "rarely investigated and often overlooked."
He goes on to say:
"Recognized in Pennsylvania and New Jersey, along with the majority of state and federal jurisdictions throughout the country, judicial estoppel precludes a party from taking a position in a case that is contrary to a position maintained in a prior legal proceeding.
For defense and plaintiffs counsel in personal injury cases, it is crucial to understand the instances in which a defendant can invoke judicial estoppel to seek dismissal of a plaintiff’s lawsuit."
