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United States
judicial estoppelsection 1983
Lowery v. Stovall
92 F.3d 219 (4th Cir. 1996)
Key Principle
Judicial estoppel bars a litigant from asserting a factual position clearly inconsistent with one he successfully maintained in a prior proceeding, the determinative factor being whether the party intentionally misled the court to gain unfair advantage.
Area of Law
General
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