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Judge Refuses To Apply Judicial Estoppel Doctrine To Declaratory Judgment Suit

Mealey's (September 20, 2016, 10:36 AM EDT) -- GULFPORT, Miss. — A federal judge in Mississippi on Sept. 15 denied a defendant company’s motion for summary judgment in a suit seeking a declaration that the defendant is required to contribute to an arbitration award from a construction defects lawsuit, finding that the plaintiff is not judicially estopped from bringing suit because the present lawsuit differs from the earlier action (RDS Real Estate LLC v. Abrams Group Construction LLC, et al., No. 15-cv-361-LG-RHW, S.D. Miss.; 2016 U.S. Dist. LEXIS 125652).

(Order available. Document #09-161007-009R.)...
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