Legal Opinion
Pereira v. Dow Chemical Co. (In Re Trace International Holdings, Inc.)
United States Bankruptcy Court, S.D. New York
Decided December 10, 2003No. 18-01803PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
STUART M. BERNSTEIN, Chief Judge.
This case raises the novel application of judicial estoppel to inconsistent positions, both of which were taken successfully by the plaintiff in an earlier action against different parties. The defendant, Dow Chemical Company (“Dow”), was not a party to the earlier lawsuit, and has moved for summary judgment based on the inconsistency. For the reasons that follow, its motion is granted.
BACKGROUND
The background to this dispute is set forth in the Court’s prior decision, Pereira v. Dow Chemical…
2Cases cited10 opinions
- Lawrence A. Mitchell, Jr. v. Washingtonville Central School DistrictCourt of Appeals for the Second Circuit · 1999
- Bridgeway Corporation v. Citibank, Doing Business as Citicorp N.A.Court of Appeals for the Second Circuit · 2000
- John Bates v. Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1993
- Atlanta Shipping Corporation, Inc. v. Chemical BankCourt of Appeals for the Second Circuit · 1987
- Geske & Sons, Inc. v. International Union of Operating Engineers, Local 150Supreme Court of the United States · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gowan v. Patriot Group, LLC (In Re Dreier LLP)United States Bankruptcy Court, S.D. New York · 2011
- In Re National Century Financial Enterprises, Inc.District Court, S.D. Ohio · 2009
- EBC I, Inc. v. America Online, Inc. (In Re EEC I, Inc.)United States Bankruptcy Court, D. Delaware · 2008
- Walker Ex Rel. Aphton Corp. v. Sonafi Pasteur (In Re Aphton Corp.)United States Bankruptcy Court, D. Delaware · 2010
- Geron v. Palladin Overseas Fund, Ltd. (In Re AppliedTheory Corp.)United States Bankruptcy Court, S.D. New York · 2005
5 more not listed; retrieve them via the Exa API.