Otis v. Arbella Mutual Insurance

The plaintiff, John F. Otis, III, has appealed from a decision of the Superior Court, which granted summary judg*635ment in favor of all defendants on the ground that Otis’s claims against them were barred by the doctrine of judicial estoppel. The facts and theories on which Otis’s present claims are based are the precise opposite of the facts and theories that Otis successfully asserted in prior litigation. Despite taking inconsistent positions in sequential lawsuits, Otis contends that the doctrine of judicial estoppel should not have been interposed to prevent him from pursuing his present…