Legal Opinion
Vehicle Market Research, Inc. v. Mitchell International, Inc.
Court of Appeals for the Tenth Circuit
Decided September 17, 2014No. 12-3333PublishedCited by 26 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This is a judicial estoppel case, which is controlled by two principles: our reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc. (VMR) in a breach of contract case that were allegedly inconsistent with earlier statements by the sole owner and alter-ego of that company, John Tagliapietra, in his Chapter 7 bankruptcy proceeding. 1 Specifically,…
2Cases cited15 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
- Eastman v. Union Pacific RailroadCourt of Appeals for the Tenth Circuit · 2007
- Hansen v. Harper Excavating, Inc.Court of Appeals for the Tenth Circuit · 2011
- United States v. MessnerCourt of Appeals for the Tenth Circuit · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. Supreme Court of New MexicoCourt of Appeals for the Tenth Circuit · 2016
- BancInsure, Inc. v. Federal Deposit InsuranceCourt of Appeals for the Tenth Circuit · 2015
- Vehicle Market Research, Inc. v. Mitchell International, Inc.Court of Appeals for the Tenth Circuit · 2016
- Asarco, LLC v. Noranda Mining, Inc.Court of Appeals for the Tenth Circuit · 2017
- Occidental Petroleum v. Wells FargoCourt of Appeals for the Fifth Circuit · 2024
21 more not listed; retrieve them via the Exa API.